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CJEU – C-507/19, Bundesrepublik Deutschland v. XT, 13 January 2021
Country of applicant: Syria

When analysing if protection from UNRWA has ceased (Article 12(1)(a) Directive 2011/95), account must be taken of the possibility for the individual to concretely access effective protection in any of the other fields within UNRWA area of operations.

Assistance from the Agency must be considered as maintained when an individual has left UNRWA area of operations from a field where he couldn’t obtain effective protection, if the person had previously voluntarily left a field where he could access UNRWA’s assistance, even though he could reasonably foresee, according to the information available for him at the moment of departure, that he wouldn’t be able to receive effective protection from the Agency in the field he was travelling to, or return to the field of origin in the short term.

Date of decision: 13-01-2021
Relevant International and European Legislation: Art 1D,Recital (18),Article 2,Article 46,Recital (1),Recital (4),Recital (16),Recital (23),Recital (24),Article 2,Article 11,Article 12,Article 14,Article 78