A May 2012 ruling discussing the Bolbol decision interpreted it to mean that a
displaced Palestinian is automatically entitled to refugee status under the Refugee
Convention if he or she can no longer avail him or herself of UNRWA protection.
However, the Court had not defined the conditions required to demonstrate that
an individual could not avail him or herself of UNRWA protection. The Court
only stipulated that an asylum seeker may not attain this protection if the reason
for leaving the area of UNRWA operations was due to his or her own actions. In
such a case, the asylum seeker is only entitled to have his or her case considered
individually for refugee status.410 However, Courts were clear in prior decisions that
being a Palestinian does not, in itself, justify an automatic grant of refugee status.411
In all cases, a credibility assessment is essential in determining an individual’s
claim to refugee status. In making this credibility assessment, the Court will consider
whether or not the asylum seeker’s testimony remains consistent throughout the
asylum application proceedings. The Court also evaluates whether the asylum
seeker’s testimony is likely to be true when compared to the known facts regarding
the situation in the country of origin.412 It seems that the Federal Asylum Agency
will not conduct an individualized factual inquiry if the political situation in the
applicant’s home country is such that the applicant’s assertions of persecution seem
false.413
Austrian Courts have a strong policy preference for the “National Alternative
Option.” When an individual persecuted by a specific group within a country is able
to avoid persecution by relocating to an area outside a particular persecutor’s “sphere
of influence,” the asylum seeker will not be granted refugee status in Austria, as
an alternative option is available. An asylum seeker must exhaust all other options
within his or her home state before he or she is eligible for refugee status in Austria.414
Case E8 318708-1/2008/17E, of 18 October 2012415
Petitioner in this case was a Palestinian registered with UNRWA, who fled from a
refugee camp in Lebanon. Petitioner made a living playing soccer outside the refugee
camp and worked as a painter inside the refugee camp. Petitioner participated in the
2006 Lebanon war, and saw his two best friends killed in an air strike. Suffering from
anxiety and facing concerns regarding his public renown as a soccer player involved
in the Lebanon-Hezbollah conflict, petitioner fled to Austria in 2007. While an
Austrian doctor confirmed a diagnosis of moderate depression, and the Court found
410
Asylgerichtshof (AsylGH) [Asylum Court of Austria], “Case E7 402746-2/2012/7E,” November 5,
2012, http://www.ris.bka.gv.at/JudikaturEntscheidung.wxe?Abfrage=AsylGH&Dokumentnummer=
ASYLGHT_20121105_E7_402_746_2_2012_00.
411
Asylgerichtshof (AsylGH) [Asylum Court of Austria], “Case E7 423461-1/2011/5E,” May 2, 2012,
http://www.ris.bka.gv.at/JudikaturEntscheidung.wxe?Abfrage=AsylGH&Dokumentnummer=ASYL
GHT_20120502_E7_423_461_1_2011_00.
412
Asylgerichtshof (AsylGH) [Asylum Court of Austria], “Case E7 402746-2/2012/7E.”
413
Asylgerichtshof (AsylGH) [Asylum Court of Austria], “Case E7 423461-1/2011/5E.”
414
Asylgerichtshof (AsylGH) [Asylum Court of Austria], “Case E7 402746-2/2012/7E.”
415
Asylgerichtshof (AsylGH) [Asylum Court of Austria], “Case E8 318708-1/2008/17E.”
Survey of Protection at the National Level
85
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