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 13

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