JUDGMENT
OF
25. 7. 2018 — CASE C-585/16
ALHETO
133
Jordan is part of UNRWA’s area of operations. Consequently, although it is not for the Court to
examine the nature of that agency’s mandate or its ability to fulfil it, it cannot be ruled out that that
agency may be able to provide a person registered with it with living conditions in Jordan that meet
the requirements of its mission after that person has fled the Gaza Strip.
134
Accordingly, in the event that a person who has left the UNRWA area of operations and lodged an
application for international protection in the European Union benefits from effective protection or
assistance from UNRWA, thereby enabling him or her to stay there in safety, under dignified living
conditions and without being at risk of being refouled to the territory of habitual residence for as long
as he or she is unable to return there in safety, that person cannot be regarded by the authority
empowered to decide on that application as having been forced, by reason of circumstances beyond
his or her control, to leave UNRWA’s area of operations. That person must, in that case, be excluded
from refugee status in the European Union, in accordance with Article 12(1)(a) of Directive 2011/95, as
interpreted by the case-law recalled in paragraph 86 of the present judgment.
135
In the present case, it is for the referring court to assess, on the basis of an individual assessment of all
the relevant evidence, whether Ms Alheto’s case falls within that category.
136
If so, those circumstances would also, subject to the considerations set out below, be likely to lead to
the rejection of the application for international protection in so far as it concerns the grant of
subsidiary protection.
137
Article 33(2)(b) of Directive 2013/32 allows the Member States to consider an application for
international protection inadmissible, as a whole, in particular, when a country which is not a
Member State is considered as a first country of asylum for the applicant, pursuant to Article 35 of the
directive.
138
In that regard, the very wording of points (a) and (b) of the first paragraph of Article 35 of Directive
2013/32 provides that a country can be considered to be a first country of asylum for a particular
applicant if he or she has been recognised in that country as a refugee and he or she can still avail
himself/herself of that protection; or (b) he or she otherwise enjoys sufficient protection in that
country, including benefiting from the principle of non-refoulement, provided that he or she will be
readmitted to that country.
139
Persons registered with UNRWA, as recalled in paragraph 6 of this judgment, have the status of
‘Palestine refugees in the Near East’. Consequently, they do not benefit from refugee status specifically
linked to the Hashemite Kingdom of Jordan and cannot therefore, by the mere fact of that registration
and protection or assistance granted to them by that agency, fall within the scope of point (a) of the
first paragraph of Article 35 of Directive 2013/32.
140
By contrast, a Palestinian registered with UNRWA who has left his place of habitual residence in the
Gaza Strip for Jordan, before travelling to a Member State and filing an application for international
protection, must be regarded as otherwise enjoying sufficient protection in that third country,
including the benefit of the principle of non-refoulement, within the meaning of point (b) of the first
paragraph of Article 35 of Directive 2013/32, provided, first, that he is guaranteed to be able to be
readmitted there, second, that he benefits there from effective protection or assistance from UNRWA,
which is recognised, or regulated, by that third country and, third, that the competent authorities of
the Member State in which the application for international protection was lodged are certain that he
will be able to stay in that third country in safety under dignified living conditions for as long as
necessary in view of the risks in the Gaza Strip.
141
In that scenario, the Hashemite Kingdom of Jordan, as an independent State whose territory is separate
from that of the habitual residence of the person concerned, would constitute, by virtue of its
agreement to readmit the person concerned, of its recognition of the effective protection or assistance
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ECLI:EU:C:2018:584