18
AUAD v. BULGARIA JUDGMENT
57. The latest OGN on Lebanon was issued on 10 June 2009. It noted
that Palestinian refugees were not able to obtain Lebanese citizenship and
were not nationals of any other country. Thousands of Palestinians did not
have any form of identification and were not receiving assistance from
UNRWA. Some 20,000 Palestinians were believed to have been naturalised
as Lebanese. However, it appeared that the status of some of the naturalised
Palestinians was not secure as there were reports that their Lebanese
nationality could be annulled.
58. The OGN referred to two immigration tribunal rulings (KK IH HE
(Palestinians – Lebanon – camps) Palestine CG [2004] UKIAT 00293, and
MM and FH (Stateless Palestinians, KK, IH, HE reaffirmed) Lebanon CG
[2008] UKAIT 00014 (4 March 2008)), which found that the general
treatment of Palestinians by the Lebanese authorities and the conditions in
the Palestinian refugee camps in Lebanon were not such as to reach the
threshold of severity that triggers the application of Article 3 of the
Convention. On that basis, the OGN concluded that while the situation for
Palestinians in Lebanon was poor with some differential treatment due to
statelessness, conditions in the camps did not reach the threshold to
establish either persecution or a breach of human rights.
59. With regard to claims based on fear of the Lebanese authorities due
to membership of a Palestinian group, the OGN noted that the Palestinian
political scene in Lebanon consisted of three broad categories. The first was
members of the Palestinian Liberation Organisation, including Fatah, the
Popular Front for the Liberation of Palestine, the Democratic Front for the
Liberation of Palestine and several other less significant factions. The
second category consisted of the Alliance of Palestinian Forces, known as
Tahaluf, founded in 1993 in opposition to the Oslo peace accords. Its
members did not recognise Israel and advocated armed struggle. It had
regrouped into eight factions which enjoyed close relations with Syria:
Hamas, Islamic Jihad, the Popular Front for the Liberation of
Palestine-General Command (PFLP-GC), Fatah al-Intifada, al-Saiqa, the
Palestinian Popular Struggle Front, the Palestinian Liberation Front, and the
Palestinian Revolutionary Communist Party. The third category comprised
Jihadi-leaning Islamist forces, an eclectic assortment of movements that
espoused the use of violence rather than a coherent or organised group. It
included Usbat al-Ansar, Hizb al-Haraka al-Islamiyya al-Muhahida, and
Ansar Allah, which engaged with the Lebanese State and Army. More
extreme movements rejected any dealing with Lebanese institutions or
Fatah and included Jund al-Sham, Usbat al-Nour, and other less significant
groups.
60. According to the OGN, Fatah generally boasted a strong, often
dominant, presence in the camps in south Lebanon, including Ain
al-Hilweh. However, the camp was “a microcosm of the Palestinian political
universe”, with all PLO, Tahaluf and Jihadi factions being represented and
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