aspects of establishing the existence of the above-mentioned circumstances are dealt
with in Part III.
Personal circumstances of applicant
24. The personal circumstances of the applicant are relevant to the determination of
whether one of the objective reasons exists to justify the application of the second
paragraph of Article 1D. Thus, each claim must be determined on its individual merits,
enabling consideration of factors that are specific to the applicant.54 These personal
circumstances may include age, sex, gender, sexual orientation and gender identity,
health, disability, civil status, family situation and relationships, social or other
vulnerabilities, ethnic, cultural or religious considerations, political and social links and
compatibility, language abilities, and any past experiences of serious harm and its
psychological effects.
Internal relocation
25. The protection or assistance of UNRWA will not be considered to have ceased if
an individual is able to access and receive protection or assistance from UNRWA
elsewhere in the same UNRWA area of operation. For example, if a camp is destroyed
by an armed attack and the protection or assistance of UNRWA is as a matter of fact
available elsewhere within another part of that country or territory, and the individual
has access to that protection or assistance, then the second paragraph of Article 1D
would not be satisfied without additional factors. However, it cannot be expected that
the applicant relocate (or be returned) to a different country or territory where he or she
has no previous connection.55
Sur place protection needs
26. A sur place claim arises after arrival in the country of asylum, either as a result of
the applicant’s activities in the country of asylum or as a consequence of events, which
have occurred or are occurring in the applicant’s country of origin since their
departure.56 The recognition of sur place claims of Palestinian refugees under Article
1D is in line with general principles of international refugee law applicable to Article 1
of the 1951 Convention that accept sur place refugee claims, recognizing that changes
in the country of origin whilst abroad may make them a refugee.57 For example, should
the mandate or activities of UNRWA cease as described in paragraph 22 above while
the individual is outside UNRWA’s area of operation, she or he would qualify for 1951
Convention protection under Article 1D.
requires both would lead to perverse results. For example, if an applicant’s personal safety is at serious
risk, the assistance provided by UNRWA in the form of cash or food rations would be irrelevant to their
need for protection.
54 An exception would be in circumstances where UNRWA has ceased to operate as an agency (see
paragraph 22(i) above).
55 UNHCR, Guidelines on International Protection No. 4: "Internal Flight or Relocation Alternative" Within
the Context of Article 1A(2) of the 1951 Convention and/or 1967 Protocol Relating to the Status of
Refugees, 23 July 2003, HCR/GIP/03/04, http://www.refworld.org/docid/3f2791a44.html.
56 UNHCR Handbook, note 47 above, paras 94-96.
57 Ibid.. There is no reason to apply a different approach to Palestinian applicants under Article 1D.
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