Case summaries

HIV-related marginalisation and discrimination can reach the threshold of seriousness to establish persecution but is not sufficient to be granted international protection. In order to benefit from international protection, it must be established that there are personal reasons for a well-founded fear of being persecuted due to HIV-contamination. In this context, seropositivity can be regarded as being part of a social group, which is a valid persecution ground.  In the case at hand, the Court took into account aspects of vulnerability which are unrelated to HIV-status.

A stateless Palestinian woman from Syria who was registered with the UNRWA but who was no longer receiving support from the organisation was granted refugee status by the Migration Court of Appeal, and the case was returned to the Swedish Migration Board for re-examination of the period of validity of the residence permit.

The Applicant falls within the scope of application of Article 1(D) of the Convention Relating to the Status of Refugees. She was excluded from refugee status as she did not show that she left the area where she was receiving support from the UNRWA for reasons against her will.

An applicant of Palestinian origin was granted refugee status.  UNWRA assistance ceased for reasons beyond the applicant’s control, and therefore the applicant is entitled ipso facto to the benefits provided by the Convention. Consequently, refugee status must be granted automatically. 

It follows from the clear wording of Article 1D of the Refugee Convention that the clause contained therein on exclusion from refugee status applies only to persons who are actually making use of assistance provided by UNRWA (United Nations Relief and Works Agency for Palestine refugees in the Near East), and this must be interpreted strictly, i.e. it cannot also apply to persons who have made use of or might make use of protection or assistance. For the purposes of Article 12(1)(a), sentence one, of the Qualification Directive, according to the Court a person makes use of the protection or assistance of a UN agency other than the UNHCR when such a person is truly makes use of such protection or assistance.

The applicant lodged an appeal before the High National Court against the decision issued by the Ministry of Interior to refuse granting stateless status. At issue in the case was whether the reasons given by the Ministry were lawful: if the applicant had already received protection from Algeria and if he fell within the scope of the exclusion clause because of the protection already granted by organs of the UN other than UNHCR.

The CALL ruled that when a Palestinian refugee, who is under the care of United Nations Relief and Works Agency (UNWRA), resides outside the mandate areas of UNWRA, then this person no longer benefits from the protection of UNWRA and therefore falls under Art 1D(2) of the 1951 Refugee Convention, meaning that this person has an automatic right to the protection of the Convention. It should however be examined whether the person can return to the mandate areas and place him/herself back under the protection of UNWRA.