Germany v XT Unfortunately, government decision-makers and judges around the world frequently have been ignorant of or misapplied art 1D, which at times has left Palestinians unable to access protection.7 A Alternative Sources of International Protection Some Palestinians are refugees under art 1A of the Refugee Convention, based on a well-founded fear of persecution for a Convention reason. Some stateless Palestinians may also be protected under complementary protection or other human rights law, or pursuant to the 1954 Convention relating to the Status of Stateless Persons (‘1954 Convention’). However, even in the relatively few countries that have adopted statelessness determination procedures, there are sometimes significant barriers to stateless Palestinians accessing protection through this route.8 These alternatives are beyond the scope of this case note. B Preceding CJEU Jurisprudence The CJEU first considered art 1D in 2010 in Bolbol v Bevándorlási És Állampolgársági Hivatal9 holding that the words ‘at present’ mean the present day, rather than the date the 1951 Refugee Convention was signed. Further, Palestinians who have registered with or used UNRWA services are entitled to protection under art 1D (and its parallel in the 2004 EU Qualification Directive10) if they are no longer receiving UNRWA assistance; however, Palestinians who have never registered nor received UNRWA assistance cannot be included under art 1D.11 Two years later, in El Kott v Bevándorlási És Állampolgársági Hivatal,12 the CJEU confirmed its holdings in Bolbol and found that persons who previously received UNRWA assistance are excluded from refugee status unless that assistance has ceased for reasons ‘beyond the control’ of the applicant.13 Where UNRWA’s assistance has thus ceased, and other exclusion clauses are not applicable, the applicant is automatically (ipso facto) entitled to refugee status.14 7 8 9 10 11 12 13 14 See Closing Protection Gaps (n 6). For examples from the UK, see EIN, ‘Statelessness in Practice: Implementation of the UK Statelessness Application Procedure’, Electronic Immigration Network (News Article, 10 July 2018) <https://www.ein.org.uk/news/liverpool-law-clinic-examines-implementationuks-statelessness-application-procedure>. Bolbol v Bevándorlási És Állampolgársági Hivatal [‘Bolbol v Office of Immigration and Nationality’] (Court of Justice of the European Union, C-31-09, ECLI:EU:C:2010:351, 17 June 2010). Council Directive 2004/83/EC of 29 April 2004 on Minimum Standards for the Qualification and Status of Third Country Nationals or Stateless Persons as Refugees or as Persons Who Otherwise Need International Protection and the Content of the Protection Granted [2004] OJ L 304/12. See also Closing Protection Gaps (n 6) ix-xii. El Kott, A Radi and Ismail v Bevándorlási És Állampolgársági Hivatal [‘El Kott, A Radi and Ismail v Office of Immigration and Nationality’] (Court of Justice of the European Union, C364/11, ECLI:EU:C:2012:826, 19 December 2012). ibid [47], [59], [63]. ibid [81]. See also United Nations High Commission for Refugees, Guidelines on International Protection No. 13: Applicability of Article 1D of the 1951 Convention relating to the Status of Refugees to Palestinian Refugees, UN Doc HCR/GIP/17/13 (December 2017) 3. 107