JUDGMENT OF 13. 1. 2021 – CASE C-507/19
BUNDESREPUBLIK DEUTSCHLAND (REFUGEE STATUS OF A STATELESS PERSON
OF
PALESTINIAN
ORIGIN)
(d) “refugee” means a third-country national who, owing to a well-founded fear of being persecuted
for reasons of race, religion, nationality, political opinion or membership of a particular social
group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to
avail himself or herself of the protection of that country, or a stateless person, who, being outside
of the country of former habitual residence for the same reasons as mentioned above, is unable or,
owing to such fear, unwilling to return to it, and to whom Article 12 does not apply;
…
(n) “country of origin” means the country or countries of nationality or, for stateless persons, of
former habitual residence.’
10
Article 11 of that directive, entitled ‘Cessation’, provides, in paragraph 1 thereof:
‘A third country national or stateless person shall cease to be a refugee, if her or she:
…
(f) being a stateless person, he or she is able, because the circumstances in connection with which he
or she has been recognised as a refugee have ceased to exist, to return to the country of former
habitual residence.’
11
Article 12 of that directive, entitled ‘Exclusion’, provides:
‘1. A third-country national or a stateless person is excluded from being a refugee if:
(a) he or she falls within the scope of Article 1(D) of the Geneva Convention, relating to protection or
assistance from organs or agencies of the United Nations other than the United Nations High
Commissioner for Refugees. When such protection or assistance has ceased for any reason,
without the position of such persons being definitely settled in accordance with the relevant
resolutions adopted by the General Assembly of the United Nations, those persons shall ipso
facto be entitled to the benefits of this Directive;
(b) he or she is recognised by the competent authorities of the country in which he or she has taken
up residence as having the rights and obligations which are attached to the possession of the
nationality of that country, or rights and obligations equivalent to those.
2. A third-country national or a stateless person is excluded from being a refugee where there are
serious reasons for considering that:
(a) he or she has committed a crime against peace, a war crime, or a crime against humanity, as
defined in the international instruments drawn up to make provision in respect of such crimes;
(b) he or she has committed a serious non-political crime outside the country of refuge prior to his or
her admission as a refugee, which means the time of issuing a residence permit based on the
granting of refugee status; particularly cruel actions, even if committed with an allegedly political
objective, may be classified as serious non-political crimes;
(c) he or she has been guilty of acts contrary to the purposes and principles of the United Nations as
set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations.
3. Paragraph 2 applies to persons who incite or otherwise participate in the commission of the crimes
or acts mentioned therein.’
4
ECLI:EU:C:2021:3