Court name: Court of Justice of the European Union
State: Bulgaria
Date of decision:

The case concerns the eligibility for protection of a person born in Gaza, who holds a passport issued by the Palestinian National Authority, is registered with UNRWA, and sought asylum in Bulgaria. Interpreting Article 12(1)(a) of the 2011 Qualification Directive (equivalent to Article 1D of the Refugee Convention), the CJEU found that Article 1D, as lex specialis, must be considered prior to Article 1A of the Refugee Convention, that prior registration with UNRWA does not necessarily mean that the applicant could access sufficient protection in an UNRWA area, and that Palestinians are not included under the second paragraph of Article 1D and automatically entitled to protection if they could be admitted to any area where they could access effective assistance or protection from UNRWA and could live there in safe and dignified conditions for as long as necessary.

Court name: Migration Court of Appeal
State: Sweden
Date of decision:

The case concerns the application of Article 12 of the Qualification Directive (recast Directive 2011/95) on the possibility for those whose support from United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has ceased to obtain international protection. The main issue was the determination of which country had been the applicant’s habitual place of residence to examine the reasons for protection. In the applicant’s case, while he had lived in Syria for a significant length of time, his ties to Algeria were strong enough to permit the Court to find the latter to be his habitual place of residence and consequently the applicant’s appeal was dismissed as Algeria was found to be safe.

Court name: Court of Justice of the European Union
State: Hungary
Date of decision:

The case concerns a stateless person of Palestinian origin who was refused asylum in Hungary. The question before the CJEU concerned the circumstances in which a person is considered to be receiving "protection or assistance from organs or agencies of the United Nations other than [UNHCR]" within the meaning of Article 12(1)(a) of the 2004 Qualification Directive (equivalent to Article 1D of the Refugee Convention), and may therefore be entitled to refugee status when that protection or assistance ceases. The CJEU held that the words “at present” mean the present day, and that a person receives protection or assistance from UNRWA when that person has actually availed themselves of that protection or assistance, and not if they are entitled to but have not done so. It also noted that persons who have not actually availed themselves of protection or assistance from UNRWA, prior to their application for refugee status, may, in any event, have that application examined pursuant to Article 2(c) of the Directive.

Court name: Court of Justice of the European Union
State: Hungary
Date of decision:

The case concerns the interpretation and scope of Article 12(1)(a) of the 2004 Qualification Directive (equivalent to Article 1D of the Refugee Convention). The CJEU held that persons who have registered with UNRWA or received UNRWA’s assistance will not be excluded from refugee status if that assistance has ceased for reasons beyond their control and independent of their volition. However, mere absence from UNRWA’s area of operation or a voluntary decision to leave it cannot be regarded as cessation of assistance. A person will be considered to have been forced to leave UNRWA’s area of operation where their personal safety was at serious risk and it was impossible for UNRWA to guarantee their living conditions. Where UNRWA’s assistance has ceased for reasons beyond the control of the applicant, and other exclusion clauses are not applicable, the applicant is automatically entitled to refugee status, but they are required to have made an application for refugee status.