Legal briefing on the rights of stateless Palestinians in the UK September 2025 forces in Gaza, particularly since the breakdown of the ceasefire agreement of 19 January 2025 by the Israel Defence Forces (IDF) on 17 March 2025, including the large-scale destruction of civilian infrastructure, blockages to the delivery of humanitarian aid, and the forced displacement of Palestinians. It ruled that the Israeli armed forces exercise control over a substantial part of Gaza and that its methods of warfare, which indiscriminately affect the entire civilian population of Gaza, amount to 'persecution' in the context of Article 1A(2) due to their sufficiently serious and repeated nature.100 The Court held that the applicants, as stateless Palestinians from Gaza, possess characteristics associated with 'nationality' for the purposes of Article 1A(2), taking into account the definition of 'nationality' as provided for in Article 10 of the Qualification Directive (Directive 2011/95/EU), which includes ‘membership of a group which has its identity based on cultural, ethnic or linguistic factors, common geographical or political origins, or its relationship with the population of another State‘.101 The Court also noted that Palestinians were recognised as a distinct ‘national, ethnic, racial or religious group’ by the ICJ within the context of protection under the Genocide Convention.102 The Court granted refugee status to the applicants on the basis of a wellfounded fear of persecution by the IDF on account of their nationality. The ruling of the French CNDA represents a significant development in the recognition of Palestinians as refugees under Article 1A(2) of the Refugee Convention. By recognising that Palestinians who are not registered with UNRWA may qualify as refugees on the basis of nationalitybased persecution, the CNDA has expanded the scope of protection available to Palestinians. This judgment also importantly acknowledges the discriminatory treatment faced by Palestinians in Gaza and may be instructive in relation to discrimination on the basis of nationality faced by Palestinians in other UNRWA areas of operation. Furthermore, the Court’s conclusion that Palestinians are part of a ‘nationality’ based on ‘cultural, ethnic or linguistic factors, common geographical or political origins’, despite the lack of recognition of a Palestinian State by France, is in line with international jurisprudence which also recognises Palestinians as a distinct group. 103 This approach significantly lowers the evidentiary threshold for Palestinians to establish refugee status by acknowledging the collective nature of persecution in Gaza and not requiring an individualised threat. The UK Court of Appeal, in its 2008 decision MA (Palestinian Territories) v SSHD, ruled that denial of re-entry to a stateless person to their country of former habitual residence does not, in principle, amount to persecution and thus does not give rise to recognition as a refugee under the Refugee Convention.104 However, where a Palestinian individual faces a risk of persecution on the basis of race upon return to their country of former habitual residence, this may be sufficient to establish refugee status. This occurred in the 2014 case H E-H v. The Secretary of State for the Home Department which concerned a stateless Palestinian who was born and raised in Egypt.105 After overstaying his tourist visa in the UK, the individual applied for asylum claiming that he would face a real risk of persecution if returned to Egypt on the basis that he may be denied re-entry or a residence permit, which would leave him at risk of detention in conditions amounting to 100 ibid, para 13, 15-20. ibid, para 21. 102 ibid, para 14 citing ICJ, South Africa vs Israel (fn 17) 45. 103 See above ICJ, South Africa vs Israel (fn 17) para 45. 104 UK Court of Appeal, MA (Palestinian Territories) v SSHD [2008] EWCA Civ 304 (9 August 2008). See also UK Court of Appeal, SH (Palestinian Territories) v SSHD [2008] EWCA Civ 1150 (22 October 2008), para 52. 105 Uk Upper Tribunal (Immigration and Asylum Chamber, H E-H v. SSHD, appeal No. AA/04018/2013 (17 January 2014). 101 23