Legal briefing on the rights of stateless Palestinians in the UK September 2025 key takeaways This briefing has outlined the legal basis for recognising Palestinians as refugees and/or stateless persons. It has provided an in-depth analysis of the routes to protection and the possibility to apply for leave to remain in the UK, as well as an overview of European and comparative caselaw that may support the submission or assessment of protection claims by Palestinians. For ease of reference, this section summarises the main arguments discussed in the briefing. However, for a full understanding of the reasoning behind each argument, readers should only read these key takeaways in conjunction with the relevant section of the briefing: • • • • • There are millions of Palestinian refugees worldwide, and many have layered histories of displacement. The UNCCP, established with a mandate to facilitate durable solutions and provide legal protection for Palestine refugees, has been inactive since early in its inception. UNRWA’s mandate to provide humanitarian assistance has evolved to include limited protection activities but does not include durable solutions, and UNRWA has effectively been unable to fulfil its mandate due to lack of funding and deliberate attacks from Israel, particularly in Gaza and the West Bank. This leaves many Palestinian refugees unable to access assistance, protection, or durable solutions from either UNRWA or UNCCP (Section 1.1). Palestinians in the UK may be entitled to refugee status, leave to remain on other human rights grounds, or leave to remain as stateless persons. It is important to consider which legal route is the most appropriate in the particular circumstances of each case (Section 1.2). Palestinians who do not hold the nationality of another country meet the definition of a stateless person under Article 1 of the 1954 Convention. This is mainly due to the absence of a Palestinian nationality law and the State of Palestine’s lack of sovereign control over its population registry, issuance of documentation and borders due to the occupation by Israel. Recognition of Palestine as a State by other States does not alter the legal status of Palestinians as stateless under international law. It is important to identify whether a Palestinian individual holds the nationality of another country or is stateless, as this will determine how they are routed through the various procedures (Section 1.3). Palestinians who previously received assistance from UNRWA and are now outside its areas of operation, or are unable to re-avail themselves of its assistance, are entitled to refugee status ipso facto (automatically) under the second paragraph of Article 1D of the Refugee Convention. Jurisprudence from the CJEU and other jurisdictions confirms that the cessation of assistance may be due to UNRWA’s operational incapacity, insecurity, lack of access or discriminatory access to (specific) basic services (Section 2.1). Palestinians who do not receive protection under Article 1D, may qualify for refugee status under Article 1A(2) based on a well-founded fear of persecution on grounds of race, nationality, or membership of a particular social group. Courts have recognised collective persecution in Gaza and discriminatory treatment in other areas. Statelessness may also be a relevant factor in assessing risk of harm, and has been determined to constitute a ground for persecution on the basis of nationality. Applications for refugee 36