JUDGMENT OF 13. 1. 2021 – CASE C-507/19
BUNDESREPUBLIK DEUTSCHLAND (REFUGEE STATUS OF A STATELESS PERSON
OF
PALESTINIAN
ORIGIN)
54
That interpretation is also supported by the case-law according to which, in the event that a person
who has left the UNRWA area of operations and lodged an application for international protection in
the European Union benefits from effective protection or assistance from UNRWA in that area,
enabling him or her to reside there in safety, under dignified living conditions and without being at
risk of being refouled to the territory of habitual residence for as long as he or she is unable to return
there in safety, that person cannot be regarded by the authority empowered to decide on that
application as having been forced, by reason of circumstances beyond his or her control, to leave
UNRWA’s area of operations. That person must, in that case, be excluded from refugee status in the
European Union, in accordance with Article 12(1)(a) of Directive 2011/95 (judgment of 25 July 2018,
Alheto, C-585/16, EU:C:2018:584, paragraph 134).
55
That being said, as can be seen in essence from the case-law cited in paragraph 51 above, the question
whether it is effectively impossible for UNRWA to guarantee that the living conditions of the person
concerned would be compatible with its mission and whether, as a result, the protection or assistance
from UNRWA has ceased with regard to that person must be determined on the basis of an individual
assessment of all the relevant evidence.
56
In the context of that assessment, the competent administrative or judicial authorities are required,
inter alia, to verify whether the person concerned is in fact able to receive such protection or
assistance.
57
The question whether a stateless person of Palestinian origin is able to receive protection or assistance
of UNRWA depends not only on that agency’s ability to provide that protection or assistance to that
stateless person in a given field of its area of operations, but also on whether that stateless person has
the practical possibility of accessing the territory falling within that field, or of returning to that field if
he or she has left it.
58
In this respect, it should be noted, as is clear from the order for reference, that the fact that a stateless
person of Palestinian origin is registered with UNRWA does not give him or her any right to access or
move within the area of operations of that organisation by moving from one field of that area to
another. UNRWA does not have the authority to allow stateless persons of Palestinian origin to access
the territories of the five fields of that area, which are under the jurisdiction of different States or
autonomous territories.
59
In these circumstances, the determining authority and the court or tribunal hearing an appeal against
the decision of that authority must take into consideration all the relevant factors of the situation in
question which shed light on the question whether the stateless person of Palestinian origin concerned
had, at the time of his or her departure from UNRWA’s area of operations, the concrete possibility of
accessing one of the five fields of UNRWA’s area of operations in order to receive UNRWA’s
protection or assistance.
60
To that end, the fact that that stateless person has a right to obtain a residence permit in the State or
in the autonomous territory of the relevant field of UNRWA’s area of operations is an indication that
that stateless person is able to access that area and thus receive UNRWA’s protection or assistance,
provided that UNRWA is able to provide that protection or assistance to him or her in that area.
61
In the absence of such a right, the fact that that stateless person has family ties in a given field of
UNRWA’s area of operations, had his or her actual or habitual residence in that area or resided there
before leaving that area may be relevant, provided that the States or territories concerned consider that
such elements are sufficient to enable, irrespective of the granting of any residence permit, a stateless
person of Palestinian origin to access and safely remain on their territory.
12
ECLI:EU:C:2021:3