A., a national of Sudan from the State of Sennar (Sinja), of Berti ethnicity, requested international protection in France, claiming that he feared being exposed to persecution or serious harm if returned to his country of origin, on the one hand, because of a private conflict between him and shepherds. He claimed that he was arrested and detained by known shepherds after his flock was stolen. On the other hand, he claimed that he feared persecution or serious harm because of the Sudanese armed forces and the Rapid Support Forces (RSF), as he was arrested by RSF who suspected that he wanted to join the Sudanese army. He alleged that he was also arrested by the army and he feared serious harm due to the security situation in Sudan.

On 12 August 2025, the French Office for the Protection of Refugees and Stateless Persons (OFPRA) rejected the request.

The applicant appealed this decision before the National Court of Asylum (CNDA).

The CNDA allowed the appeal and noted that it could establish that the applicant was of Berti ethnicity, from Sinja in the State of Sennar.

However, although the applicant's statements about the facts that gave rise to his departure were generally credible, the court noted that they did not make it possible to establish his fears of persecution under the Geneva Convention, as his statements did not highlight any specific targeting on account of his ethnicity or the political opinions attributed to him.

While noting that the CNDA had already ruled on the level of violence existing in seven states of the Sudanese Federation (South Darfur, West Darfur, North Darfur, Central Darfur, Khartoum, South Kordofan, and West Kordofan), the court assessed the level of indiscriminate violence in the State of Sennar, caused by the armed conflict between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) since 15 April 2023.

The court took into account the EUAA's Country Guidance: Sudan (June 2025) which noted that Sennar was the first affected by the RSF offensive which took control of the capital Sinja and then of the State by July 2024. It also considered the latest guidance note from the African Union Commission on Asylum (AUEA) concerning Sudan. The court noted that RSF have been accused of attacks against civilians in Sennar, including indiscriminate targeting of villagers and sexual assault of women, especially in the village of Galgani. They also bombed the Sennar market in September 2024 killing at least fifteen civilians. After the army launched a military offensive, by November 2024, Sinja was described as the last major RSF stronghold in Sennar State, with their troops scattered between Sennar State, Al Jazirah and the Blue Nile. By early December 2024, SAF had succeeded in recapturing most cities in Sennar State, including its capital Sinja.

The CNDA also noted that as of the date of this decision, returns to Sudan by air are possible via Port Sudan airport, which is open to international traffic and located in the Red Sea State, and which is not experiencing a situation of indiscriminate violence likely to affect civilians.

The court concluded that, in Sennar State, the armed conflict generated a high level of indiscriminate violence, but that violence was not such that there were substantial grounds for believing that every civilian returning to Sennar runs, solely because of his presence, a real risk of a serious threat to his life or person, and thus a low level of individual risk factors was required.

The court then analysed the risks to the applicant of being exposed to a serious, direct, and individual threat against his life or person in the State of Sennar, where he resided and where he was expected to return. The CNDA considered that, due to his low level of education, he would necessarily continue working in pastoral activities, that entail movement in the area, which would expose him more to the high level of indiscriminate violence generated by the internal armed conflict.

Thus, the CNDA granted subsidiary protection to the applicant.