JUDGMENT OF 13. 1. 2021 – CASE C-507/19
BUNDESREPUBLIK DEUTSCHLAND (REFUGEE STATUS OF A STATELESS PERSON
OF
PALESTINIAN
ORIGIN)
consideration when examining a substantial (territorial) connection? If so: Which ones? Does it
matter whether it is possible and reasonable for the stateless person to enter the relevant field of
operation when leaving the UNRWA area of operations?
(3) Is a stateless person who leaves the area of operations of the UNRWA because his personal safety
is at serious risk in the field of operation of his actual residence, and it is impossible for the
UNRWA to grant him protection or assistance there, entitled, within the meaning of the second
sentence of Article 12(1)(a) of Directive 2011/95, ipso facto to the benefits of the Directive even if
he previously went to that field of operation without his personal safety having been at serious risk
in the field of operation of his former residence and without being able to expect, according to the
circumstances at the time of the move, to experience protection or assistance by the UNRWA in
the field of operation into which he moves and to return to the field of operation of his previous
residence in the foreseeable future?
(4) When assessing the question of whether a stateless person is not to be granted ipso facto refugee
status because the conditions of the second sentence of Article 12(1)(a) of Directive [2011/95]
ceased to apply once he left the area of operations of the UNRWA, is account to be taken solely
of the field of operation of the last habitual residence? If not: Is consideration also, by analogy, to
be given to the fields of which account is to be taken under [the second question] for the time of
leaving? If not: Which criteria are to be used to determine the fields which are to be taken into
consideration at the time of the ruling on the application? Does the cessation of application of
the conditions of the second sentence of Article 12(1)(a) of Directive [2011/95] require the (state
or quasi-state) bodies in the relevant field of operation to be prepared to (re)admit the stateless
person?
(5) In the event that, in connection with the satisfaction or cessation of application of the conditions
of the second sentence of Article 12(1)(a) of Directive [2011/95], the field of operation of the (last)
habitual residence is of significance: Which criteria are decisive for establishing habitual residence?
Is lawful residence authorised by the country of residence required? If not: Is there at least a need
for the conscious acceptance of the residence of the stateless person concerned by the responsible
bodies of the field of operation? If so in this respect: Does the presence of the individual stateless
person have to be specifically known to the responsible bodies or is the conscious acceptance of
residence as a member of a larger group of people sufficient? If not: Is actual residence for a
relatively long period of time sufficient in itself?’
Consideration of the questions referred
Preliminary observations
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Before answering the questions referred, it should first of all be pointed out that, as the Advocate
General noted in point 26 of his Opinion, Article 12(1)(a) of Directive 2011/95 corresponds, in
substance, to Article 12(1)(a) of Directive 2004/83, with the result that the case-law concerning the
latter provision is relevant to the interpretation of the former.
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Next, it is clear from recitals 4, 23 and 24 of Directive 2011/95 that the Geneva Convention constitutes
the cornerstone of the international legal regime for the protection of refugees and that the provisions
of the directive for determining who qualifies for refugee status and the content of that status were
adopted to guide the competent authorities of the Member States in the application of that
convention on the basis of common concepts and criteria (see, by analogy, judgments of 17 June
2010, Bolbol, C-31/09, EU:C:2010:351, paragraph 37; 19 December 2012, Abed El Karem El Kott and
Others, C-364/11, EU:C:2012:826, paragraph 42, and 1 March 2016, Alo and Osso, C-443/14
and C-444/14, EU:C:2016:127, paragraph 28).
ECLI:EU:C:2021:3
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