JUDGMENT OF 13. 1. 2021 – CASE C-507/19
BUNDESREPUBLIK DEUTSCHLAND (REFUGEE STATUS OF A STATELESS PERSON
OF
PALESTINIAN
ORIGIN)
62
Likewise, account must be taken of all evidence, such as declarations or practices of the authorities of
the said States and territories, which imply a change of attitude towards stateless persons of Palestinian
origin, in particular where, through such declarations and practices, they express an intention no
longer to tolerate the presence on their territory of such stateless persons if they do not have a right of
residence.
63
If it appears from the assessment of all the relevant factors of the situation in question, in particular
those referred to in paragraphs 59 to 62 above, that the stateless person of Palestinian origin
concerned was in fact able to reach and safely remain on the territory of one of the fields of
UNRWA’s area of operations in which that agency was in a position to offer him or her its assistance
or protection, it cannot be considered that the protection or assistance from UNRWA has ceased,
within the meaning of the second sentence of Article 12(1)(a) of Directive 2011/95.
64
In addition, as regards the question of which field of UNRWA’s area of operations is to be taken into
account in order to determine whether the conditions justifying the recognition ipso facto of refugee
status ceased to be satisfied in the period since the person concerned left that area of operations and
before a final decision has been taken on his or her application for recognition of refugee status, it
should be noted that the referring court appears to start from the premiss that the second sentence of
Article 12(1)(a) of Directive 2011/95 was applicable to the applicant in the main proceedings at the
time he left that area of operations, since UNRWA’s protection or assistance had ceased, but that it
may no longer be applicable to him when the court seised of the appeal against the decision refusing
to grant refugee status rules on that appeal.
65
In that respect, the referring court specifies that, in accordance with its national law, in asylum
disputes, it takes into account the legal and factual situation existing at the time it rules on the action
before it, with the result that it must also take into account new evidence which has arisen at the time
of the last hearing or, failing this, when it delivers its decision, a possibility which is also provided for,
as can be seen from paragraph 40 above, in Article 46(3) of Directive 2013/32.
66
In order to answer that question, it suffices to point out, as noted by the Advocate General in point 52
of his Opinion and by all of the interested parties which lodged written observations, that there is no
reason to consider that the examination of whether the protection or assistance from UNRWA
continues to be excluded under the second sentence of Article 12(1)(a) of Directive 2011/95 at the
time the court or tribunal rules on the appeal brought against a decision refusing to grant refugee
status, should be carried out in the light of factors other than those referred to in paragraphs 53 to 63
above.
67
In the light of the foregoing, the answer to the first, second and fourth questions is that the second
sentence of Article 12(1)(a) of Directive 2011/95 must be interpreted as meaning that, in order to
determine whether the protection or assistance from UNRWA has ceased, it is necessary to take into
account, as part of an individual assessment of all the relevant factors of the situation in question, all
the fields of UNRWA’s area of operations which a stateless person of Palestinian origin who has left
that area has a concrete possibility of accessing and safely remaining therein.
The third question
68
By its third question, the national court seeks, in essence, to ascertain whether the second sentence of
Article 12(1)(a) of Directive 2011/95 must be interpreted as meaning that UNRWA’s protection or
assistance ceases where a stateless person of Palestinian origin left UNRWA’s area of operations from
a field of that area in which his or her personal safety was at serious risk and in which UNRWA was
not in a position to provide that individual with protection or assistance, even though, first, that
individual voluntarily travelled to that field from another field in that area in which his or her
ECLI:EU:C:2021:3
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