3/4/22, 10:54 AM CURIA - Documents When such protection or assistance has ceased for any reason, without the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this Convention.’ United Nations Relief and Works Agency (for Palestine Refugees in the Near East) (UNRWA) United Nations General Assembly resolution No 302 (IV) of 8 December 1949, concerning assistance to Palestine refugees, established the United Nations Relief and Works Agency (for Palestine Refugees in the Near East) (UNRWA). UNRWA’s task is to serve the well-being and human development of Palestine refugees. According to points VII.C and VII.E of UNRWA’s Consolidated Eligibility and Registration Instructions, UNRWA’s area of operations encompasses five fields, namely the Gaza Strip, the West Bank (including East Jerusalem), Jordan, Lebanon and Syria. EU law Directive 2004/83 Recitals 3, 10 to 12, 16, 17 and 38 of Directive 2004/83 state: The Geneva Convention and Protocol provide the cornerstone of the international legal regime for the protection of refugees. … This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members. With respect to the treatment of persons falling within the scope of this Directive, Member States are bound by obligations under instruments of international law to which they are party and which prohibit discrimination. The “best interests of the child” should be a primary consideration of Member States when implementing this Directive. … Minimum standards for the definition and content of refugee status should be laid down to guide the competent national bodies of Member States in the application of the Geneva Convention. It is necessary to introduce common criteria for recognising applicants for asylum as refugees within the meaning of Article 1 of the Geneva Convention. … In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom [of Great Britain and Northern Ireland] has notified, by letter of 28 January 2002, its wish to take part in the adoption and application of this Directive.’ Article 1 of that directive provides: ‘The purpose of this Directive is to lay down minimum standards for the qualification of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted.’ Article 2(c) to (e) of Directive 2004/83 provides: ‘For the purposes of this Directive: … “refugee” means a third country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 does not apply; “refugee status” means the recognition by a Member State of a third country national or a stateless person as a refugee; “person eligible for subsidiary protection” means a third country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) do not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country’. Article 4 of Directive 2004/83, entitled ‘Assessment of facts and circumstances’, is worded as follows: ‘1. Member States may consider it the duty of the applicant to submit as soon as possible all elements needed to substantiate the application for international protection. In cooperation with the applicant it is the duty of the Member State to assess the relevant elements of the application. … 3. The assessment of an application for international protection is to be carried out on an individual basis and includes taking into account: all relevant facts as they relate to the country of origin at the time of taking a decision on the application; including laws and regulations of the country of origin and the manner in which they are applied; the relevant statements and documentation presented by the applicant including information on whether the applicant has been or may be subject to persecution or serious harm; https://curia.europa.eu/juris/document/document.jsf?text=&docid=254962&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=1850357 2/10