42 Bianchini who are still registered as Palestinian refugees with UNRWA and have left the country where UNRWA operates.35 It also includes those that cannot return or lose the authorization to return due to lapse of time. The fact that the other State delays, complicates or even explicitly prohibits the return is irrelevant.36 However, it does not include those forced to leave or whose return is affected by unforeseeable circumstances that have arisen during the stay abroad.37 In these cases, a person may even qualify for protection on asylum or humanitarian grounds.38 4 Status Granted to Stateless Persons: Toleration Certificate and Temporary Residence Permit for Impossibility to Leave the Country Among the most relevant resident permits which may apply to stateless persons are the suspension of deportation or so called ‘toleration’ (Duldung) certificate and the temporary residence permits for obstacles to leaving the country (Aufenthaltserlaubnis), as they may be issued in circumstances where a stateless person has no other grounds to remain. Toleration is mainly issued to failed asylum seekers who are unwilling or unable to leave the country.39 Pursuant to section 60a of the Residence Act, 35 36 37 38 39 agreement of the State in which it operates and on whether the Palestine refugee still has the right to return to and reside in that State. However, the departure itself does not automatically make a person qualify for protection. BVerwG, Urteil v 21.01.1992 - 1 C 18.90. BVerwG, Urteil v 21.01.1992 - 1 C 18.90. The Federal Administrative Court noted that in this case the claimant was, according to her registration card, registered as a refugee with UNRWA and received the protection of an agency of the United Nations in the sense of Article 1(2)(i) of the 1954 Convention. Whether she actually receives concrete help from UNRWA is irrelevant. When she came to Germany, UNRWA could not provide protection for her anymore. However the claimant had the chance to return to Lebanon until 8 October 1988 and to resume UNRWA’s protection. She did not use that opportunity. By staying in Germany beyond this date she accepted losing UNRWA’ s protection. The return to Lebanon and therefore the return UNRWA’ s protection and assistance were not barred when she had the right to return. UNRWA’ s protection and assistance did not fall away, and therefore the court found that the 1954 Convention was not applicable and dismissed the claim. BVerwG, Urteil v 21.01.1992, InfAusIR 1992, 161. BVerwG, Urteil v 21.01.1992 - 1 C 18.90. Jürgen Bast, ‘The Legal Position of Migrants - German Report’ in Eibe Riedel and Rüdiger Wolfrum (eds), Recent Trends in German and European Constitutional Law (Springer 2006) 63-105. tilburg law review 19 (2014) 35-51