important however that the applicant is not required to produce or point to any such
possible statement.83 If such a requirement were to be imposed, it would place an
undue burden on UNRWA, one which it may not be able to satisfy in every case, owing
to, for example, resources or logistical reasons or those of confidentiality. 84 Finally, the
applicant should not be required to approach UNRWA directly, given the practical
difficulties involved.85 There may also be circumstances relevant to the particular
applicant about which UNRWA would not know and could not provide relevant
information.
D. Individual Procedures
44. Fair and efficient procedures for the determination of refugee status under the 1951
Convention need to take particular account of claims relating to Article 1D, with clear
identification of the issues relevant to Palestinians.
45. When requesting asylum, applicants must be given adequate time to exercise their
rights, including, inter alia, the right to be informed, in a language which they
understand, of the procedure to be followed, of their rights and obligations during the
procedure, the possible consequences of not complying with their obligations and not
cooperating with the authorities, the right to receive the services of an interpreter, to
consult in an effective manner a legal adviser or other counsellor. Access to legal
advice is paramount to a fair asylum procedure and often constitutes a prerequisite to
ensure effective access to legal remedies.86
46 For Palestinians who do not come within the personal scope of Article 1D, an
assessment under Article 1A(2) would then normally proceed.
47. Even though protection pursuant to Article 1D is normally carried out in individual
procedures, there may be situations in which a group of Palestinian refugees may be
recognised on a prima facie basis. For example, where the mandate of UNRWA is
terminated in one of UNRWA’s areas of operation, or comes to an end for reasons
beyond its control, such as an international or non-international armed conflict, they
would be considered – as a group – not to be receiving the protection or assistance of
UNRWA.87
48. Where an applicant raises both a refugee and a statelessness claim, the latter
made pursuant to the 1954 Convention relating to the Status of Stateless Persons, it
83 Whether protection or assistance has ceased is a matter of fact susceptible of proof in the normal
way.
84 Here an analogy can be made with UNHCR’s position regarding information relating to mandate
recognition, see submission in I. A. v. Secretary of State for the Home Department: Case for the
Intervener,
27
October
2013, United
Kingdom
Supreme
Court,
UKSC2012/0157,
http://www.refworld.org/docid/52a098e34.html.
85 Although verification that a person is a registered “Palestine refugee”, or is recorded as receiving
UNRWA services, can be sought from UNRWA.
86 UNHCR, Public statement in relation to Brahim Samba Diouf v. Ministre du Travail, de l'Emploi et de
l'Immigration pending before the Court of Justice of the European Union, 21 May
2010, http://www.refworld.org/docid/4bf67fa12.html, paras 12-16.
87 UNHCR, Prima Facie Guidelines, note 82 above.
19
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