3/4/22, 10:54 AM CURIA - Documents InfoCuria Case-law English (en) Home > Search form > List of results > Documents Language of document : English ECLI:EU:C:2022:151 JUDGMENT OF THE COURT (Third Chamber) 3 March 2022 (*) (Reference for a preliminary ruling – Common policy on asylum and immigration – Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection – Directive 2004/83/EU – Article 12 – Exclusion from being a refugee – Stateless person of Palestinian origin registered with the United Nations Relief and Works Agency (for Palestine Refugees in the Near East) (UNRWA) – Conditions to be entitled ipso facto to the benefits of Directive 2004/83/EC – Cessation of UNRWA’s protection or assistance) In Case C‑349/20, REQUEST for a preliminary ruling under Article 267 TFEU from the First-tier Tribunal (Immigration and Asylum Chamber) (United Kingdom), made by decision of 29 July 2020, received at the Court on 29 July 2020, in the proceedings NB, AB v Secretary of State for the Home Department, intervening party: United Nations High Commissioner for Refugees (UK), THE COURT (Third Chamber), composed of A. Prechal, President of the Second Chamber, acting as President of the Third Chamber, J. Passer, F. Biltgen, L.S. Rossi (Rapporteur) and N. Wahl, Judges, Advocate General: G. Hogan, Registrar: A. Calot Escobar, having regard to the written procedure, after considering the observations submitted on behalf of: AB and NB, by R. Husain QC, E. Mitchell, G. Capel, R. Toal and T. Tridimas, Barristers, and A. Vasisht, Solicitor the Secretary of State for the Home Department, by T. Lindsay, acting as Agent, United Nations High Commissioner for Refugees (UK), by M. Demetriou QC, T. Johnston, Barrister, and S. Mobley, Solicitor, the German Government, by R. Kanitz and J. Möller, acting as Agents, the European Commission, by C. Ladenburger and A. Azéma, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 6 October 2021, gives the following Judgment This request for a preliminary ruling concerns the interpretation of Article 12(1)(a) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12). The request has been made in proceedings between NB and AB, stateless persons of Palestinian origin, of the one part, and the Secretary of State for the Home Department (United Kingdom), of the other, concerning the latter’s rejection of the application for international protection submitted by NB and AB. Legal context International law The Geneva Convention The Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951 (United Nations Treaty Series, Vol. 189, p. 150, No 2545 (1954)), entered into force on 22 April 1954. It was supplemented and amended by the Protocol Relating to the Status of Refugees, concluded in New York on 31 January 1967, which entered into force on 4 October 1967 (‘the Geneva Convention’). Article 1(D) of the Geneva Convention provides: ‘This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance. https://curia.europa.eu/juris/document/document.jsf?text=&docid=254962&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=1850357 1/10