Court name: Fourth Chamber, Court of Justice of the European Union
State: France
Date of decision:

A stateless person of Palestinian origin, who lived in one of UNRWA’s areas of operations in Lebanon, made an asylum application in France claiming that it was impossible for UNRWA to provide him with sufficient access to medical care and appropriate living conditions required by his health condition. The Council of State (Conseil d’État) submitted a request for a preliminary ruling to the CJEU. The Court followed Advocate General Emilou’s opinion and found that UNRWA’s protection or assistance must be considered to have ceased when UNRWA is unable to ensure that the person ‘has access to the healthcare and medical treatment without which that person is exposed to a real risk of imminent death or to a real risk of suffering a serious, rapid and irreversible decline in his or her state of health or a significant reduction in life expectancy’. The existence of that risk is for the national court to assess. 

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

This case concerns a mother and child, NB and AB, stateless Palestinians formerly residing in Lebanon who are registered with UNRWA. AB is severely disabled and has complex medical issues and other needs. They sought asylum in the United Kingdom on the basis of Article 1D of the Refugee Convention. The Court considered whether they qualify to be granted ipso facto refugee status under Article 1D of the Refugee Convention. The Court found that the burden of proof lies with the applicants to prove that they have actually had recourse to UNRWA’s protection or assistance and that that protection or assistance has ceased, but, once that is established, if the authority considers that the applicant could now return to UNRWA’s area of operation, it is for that authority to demonstrate that the circumstances have changed in the area of operations concerned and that the applicant can access adequate protection or assistance from UNRWA. It also held that the applicant does not need to prove that there was any intentional infliction of harm or failure; it is sufficient to establish that UNRWA’s assistance or protection has in fact ceased for any reason (beyond the applicant’s control). The Court held, inter alia, that if UNRWA cooperates with a civil society or host government agency or actor to fulfil its mission, the services by those organisations are relevant to considerations of whether UNWRA can provide adequate assistance or protection only if there is a stable and formal relationship between UNRWA and the relevant organisations, and the applicant has a durable right to such services.

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: 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.

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

An Austrian national by birth transferred his residence to Germany and naturalised as a German national. The naturalisation in Germany had the effect, in accordance with Austrian law, of causing him to lose his Austrian nationality. The German authorities later withdrew the naturalisation with retroactive effect, on the grounds that the applicant had not disclosed that he was the subject of a criminal investigation in Austria on account of suspected serious fraud, and that he had thus obtained German nationality by deception. The Court held that it is not contrary to EU law for a Member State to withdraw nationality obtained by deception, even if it results in losing EU citizenship, so long as the decision observes the principle of proportionality. Observance of the principle of proportionality requires the person concerned to be afforded a reasonable period of time in order to try to recover the nationality of their Member State of origin.