JUDGMENT OF 13. 1. 2021 – CASE C-507/19
BUNDESREPUBLIK DEUTSCHLAND (REFUGEE STATUS OF A STATELESS PERSON
OF
PALESTINIAN
ORIGIN)
75
It is therefore for the referring court to verify, in the context of an individual assessment of all the
relevant circumstances of the situation at issue in the main proceedings, including in particular the
specific information concerning the situation in Syria available to XT at the time of his departure from
Lebanon, if that departure took place under the conditions described in paragraph 74 above. If that
were the case, XT could not be regarded as having been forced to leave the UNRWA area of
operations taken as a whole when he subsequently left Syria.
76
That being said, the Court may provide the referring court, on the basis of the information contained
in the reference for a preliminary ruling and in the file submitted to the Court, with elements likely to
be relevant for the purposes of that assessment.
77
In the present case, it is apparent from the order for reference that XT claims to have left Lebanon
because of the lack of a valid residence permit and the tightening of controls by the Lebanese security
forces which, in the absence of such a permit, were deporting persons such as XT to the Syrian border.
78
In addition, since the referring court has doubts as to the impact of elements indicating that XT could
have expected, in the light of the prevailing circumstances at the time of his departure from Lebanon,
that he would not be able to receive protection or assistance from UNRWA in Syria nor return at short
notice to Lebanon where he resided previously, it should be noted that those circumstances must, in
order to be relevant in the context of the individual assessment referred to in paragraph 75 above, be
reasonably foreseeable at the time of that departure. A person, such as XT, must therefore have
specific information concerning the situation in the UNRWA area of operations. In that regard, it is
also necessary to take into account the sudden and unforeseeable nature of the development of the
situation, such as closure of the borders between the fields of that area of operations, or the outbreak
of conflict in one of those fields.
79
In the light of the circumstances mentioned in paragraphs 77 and 78 above and in so far as they are
correct, which it is for the referring court to verify, it does not appear that XT’s departure from
Lebanon to Syria occurred in the conditions described in paragraph 74 above, with the result that his
departure from UNRWA’s area of operations taken as a whole was not voluntary.
80
In the light of the foregoing, the answer to the third question is that the second sentence of
Article 12(1)(a) of Directive 2011/95 must be interpreted as meaning that UNRWA’s protection or
assistance cannot be regarded as having ceased where a stateless person of Palestinian origin left the
UNRWA area of operations from a field in 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, first, if that individual voluntarily travelled to that field from another field in that area in
which his or her personal safety was not at serious risk and in which that person could receive
protection or assistance from UNRWA and, secondly, if he or she could not reasonably expect, on the
basis of the specific information available to him or her, to receive protection or assistance from
UNRWA in the field to which he or she travelled or to be able to return at short notice to the field
from which he or she came, which is for the national court to verify.
The fifth question
81
In view of the answer to the first, second and fourth questions, there is no need to answer the fifth
question.
ECLI:EU:C:2021:3
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