Belgium - Council for Alien Law Litigation, X v. Commissioner General for Refugees and Stateless Persons, No. 264 130, 23/11/2021
| Country of Decision: | Belgium |
| Country of applicant: | Palestinian Territory |
| Court name: | Council for Alien Law Litigation |
| Date of decision: | 23-11-2021 |
| Citation: | Belgium, Council for Alien Law Litigation, X v. Commissioner General for Refugees and Stateless Persons, No. 264 130, 23 November 2021 |
Keywords:
| Keywords |
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Actors of protection
Description
"Actors such as: (a) the State; or (b) parties or organisations, including international organisations, controlling the State or a substantial part of the territory of the State; who take reasonable steps to prevent the persecution or suffering of serious harm, inter alia, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and the applicant has access to such protection." |
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Exclusion from protection
Description
Exclusion from being a refugee on any of the grounds set out in Article 12 of the Qualification Directive or exclusion from being eligible for subsidiary protection on any of the grounds set out in Article 17 of the Qualification Directive. |
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Refugee Status
Description
The recognition by a Member State of a third-country national or stateless person as a refugee. |
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Cessation of protection
Description
Pertaining to thecircumstances in which a person may no longer be considered to be a refugee or to be eligible for subsidiary protection. |
Headnote:
The Court ruled that Palestinian refugees in the Gaza Strip can no longer count on the UNRWA’s protection or assistance. Therefore, the applicant does not fall within the scope of Article 1D of the Geneva Convention and must be recognized as a refugee.
Facts:
The Commissioner-General for Refugees and Stateless Persons (CGRSP) rejected the asylum application by the Palestinian applicant as it reasoned that the application fell within the scope of Article 1D of the Refugee Convention and that the protection or assistance of UNRWA had not ceased to exist. Consequently, the applicant could not be recognized as a refugee.
The applicant appealed against the decision.
Decision & reasoning:
The Council for Alien Law Litigation (the Council) focuses on the question whether UNRWA is currently unable to fulfil its mission in relation to Palestinian refugees.
The Council refers to the El Kott judgment where the CJEU interpreted Article 12 (a) of the Directive 2011/95/EU (the Qualification Directive), stating that UNRWA's assistance will cease if (1) the agency is disbanded; (2) an event occurs which makes it generally impossible for UNRWA to carry out its mandate; or (3) if the departure of a person from UNRWA's mandate area is justified by reasons beyond his control and independent of his will.
The Council states that the exclusion grounds in article 1 D of the Refugee Convention should be interpreted strictly, and therefore declares that it is not necessary that the termination of assistance by UNRWA is final in order to grant the refugee status to the applicant, but that it suffices that UNRWA is generally unable to carry out its duties on the day that the Council takes the decision.
Based on the services own Country-of-Origin document, titled “Lebanon – Palestinian territories – The UNRWA financial crisis and impact on its programmes” of 1 February 2021, the Council decided that the deterioration of UNRWA's working conditions in the Gaza Strip has reached such a level that, although the agency has not formally ceased its presence in Gaza, in practice it faces such serious operational difficulties that Palestinian refugees in general can no longer count on the agency's protection or assistance in this area of work. Therefore, the Council ruled that the applicant ought to be recognized as a refugee.
Outcome:
Appeal granted.
Observations/comments:
This summary was written by Amirsalar Kavoosi, student at the Human Rights and Migration Law Clinic of the University of Gent.
Relevant International and European Legislation:
Cited Cases:
| Cited Cases |
| CJEU - C-364/11 Mostafa Abed El Karem El Kott, Chadi Amin A Radi, Hazem Kamel Ismail v Bevandorlasi es Allampolgarsagi Hivatal (BAH) |
Other sources:
Office of the Commissioner General for Refugees and Stateless Persons (CGRS), Cedoca, COI Focus: Lebanon – Palestinian Territories: The UNRWA Financial Crisis and Its Impact on Programmes, 1 February 2021 (update).