3/4/22, 10:54 AM CURIA - Documents and of 13 January 2021, Bundesrepublik Deutschland (Refugee status of a stateless person of Palestinian origin), C‑507/19, EU:C:2021:3, paragraphs 59 and 66). The need to carry out such an assessment is consistent with the general scheme of the regime established by Directive 2004/83. In that regard, it follows from Article 4(3)(a) of Directive 2004/83 and Article 5(1) of that directive that, in order to decide on an application for international protection, account must be taken of all relevant facts as they relate to the country of origin ‘at the time of taking a decision on the application’ and, where appropriate, of events which have taken place since the applicant left the country of origin. In that regard, it must also be stated, as the Court has already held, that, under Article 46(3) of Directive 2013/32, Member States are required to order their national law in such a way that the processing of the appeals referred to in that provision includes a ‘full and ex nunc’ examination, at least in appeals procedures before a court or tribunal of first instance, of all the facts and points of law necessary in order to make an up-to-date assessment of the case at hand. As the Court has already made clear, the expression ‘ex nunc’ and the adjective ‘full’ contained in that provision point to the obligation of the court or tribunal to make an assessment which takes into account, where appropriate, both the evidence which the determining authority took into account or should have taken into account and that which has arisen following the adoption of the decision under appeal. The power of the court or tribunal to take into consideration new evidence on which that authority has not taken a decision is consistent with the purpose of Directive 2013/32, which is intended, inter alia, as can be seen from recital 18 thereof, to ensure that applications for international protection are dealt with ‘as soon as possible …, without prejudice to an adequate and complete examination being carried out’ (judgment of 13 January 2021, Bundesrepublik Deutschland (Refugee status of a stateless person of Palestinian origin), C‑507/19, EU:C:2021:3, paragraph 40 and the case-law cited). As the Commission argued in its written observations, even if a person was in the past forced to leave the area of operations because his or her personal safety was at serious risk, there would be no reason to grant the person ipso facto refugee status pursuant to the second sentence of Article 12(1)(a) of Directive 2004/83, where, in the meantime, the situation in the area of operations has markedly improved so that the person’s personal safety would no longer be at serious risk there and it would again have become possible for UNRWA to guarantee him or her living conditions commensurate with its mission. Consequently, authorities and courts called upon to decide on an ipso facto entitlement to refugee status should also verify whether such an effective possibility of return to the UNRWA area of operations exists. If it does, the applicant should be excluded from being a refugee, in accordance with the first sentence of Article 12(1)(a) of Directive 2004/83. It is, therefore, for the competent national authorities and courts to conduct, on an individual basis, an assessment of all the relevant factors in order to ascertain whether the departure from the UNRWA area of operations of applicants for refugee status under the second sentence of Article 12(1)(a) of Directive 2004/83 may be justified, in accordance with the case-law referred to in paragraph 50 above, by reasons beyond their control and independent of their volition, which prevented them from receiving UNRWA’s protection or assistance; that assessment must also ascertain whether those applicants are currently prevented from receiving that protection or assistance due to the allegedly deteriorating situation in the area of operations concerned for reasons beyond their control and independent of their volition. In the light of all the foregoing considerations, the answer to the first question is that the second sentence of Article 12(1)(a) of Directive 2004/83 must be interpreted as meaning that, in order to assess whether UNRWA’s protection or assistance has ceased, so that a person may claim ipso facto ‘refugee status’ for the purposes of that provision, account must be taken, in the context of an assessment carried out on an individual basis, of the relevant circumstances as they exist not only at the time of that person’s departure from the UNRWA area of operations, but also at the time when the competent administrative authorities consider an application for refugee status or the judicial authorities concerned rule on the appeal against a decision refusing to grant such status. The second question By its second question, the referring court asks, in essence, whether the second sentence of Article 12(1)(a) of Directive 2004/83 must be interpreted as meaning that, in the context of the analysis of whether UNRWA’s protection or assistance has ceased, so that a person may claim ipso facto ‘refugee status’ for the purposes of that provision, where the person concerned establishes that he or she has been forced to leave the UNRWA area of operations for reasons beyond his or her control and independent of his or her volition, it is for the Member State, if it considers that the person is now in a position to return to that area and receive that protection or assistance there, to establish that that is the case. In order to answer that question, it must be recalled that, in accordance with Article 13 of Directive 2004/83, Member States are to grant refugee status to a third-country national or a stateless person, who qualifies as a refugee in accordance with Chapters II and III of that directive. In those circumstances, in order to grant refugee status to an applicant under the second sentence of Article 12(1)(a) of that directive, which is contained in Chapter III of that directive, an assessment of the relevant facts and circumstances must be carried out in accordance with Article 4 of Directive 2004/83, which is contained in Chapter II of that directive. In particular, pursuant to Article 4(1) of Directive 2004/83, 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 then the duty of the Member State to assess the relevant elements of the application. In that regard, it must be noted that the assessment of the facts and circumstances, provided for in Article 4 of Directive 2004/83 and on the basis of which an application for international protection may be substantiated, takes place essentially in two separate stages. The first stage concerns the establishment of factual circumstances which https://curia.europa.eu/juris/document/document.jsf?text=&docid=254962&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=1850357 7/10