asylum seeker finds himself in a situation where his personal safety is at serious risk and if it is impossible for that agency to guarantee that his living conditions in that area will be commensurate with the mission entrusted to that agency. (HvJ 19 december 2012, C-364/11, El Kott v. Bevándorlási és Államolgársági Hivatal, § 65). In this case the concerned person must automatically be granted refugee status, unless he must be excluded because of the reasons mentioned in article 1E and 1F of the Refugee Convention. (HvJ 19 December 2012, C-364/11, El Kott v. Bevándorlási és Államolgársági Hivatal, § 81).477 If this is not the case, the Council examines the possibility of return to the UNRWA area of operations. There has also been an interesting judgment of the CCE regarding the application of Article 1D in situations where the conditions to grant subsidiary protection are fulfilled. In Case No. 120.586 (13 March 2014), the CGRA refused refugee status and granted subsidiary protection status to a Palestinian refugee registered with UNRWA in Gaza. The Palestinian refugee appealed this decision. The CCE reasoned: “The Council states that the conclusion of the disputed decision is not correct. One cannot state that the applicant can return to the UNRWA area of operations without any problems to avail himself of the protection of this organization and subsequently grant him subsidiary protection based on article 48/4, §2, c) of the Aliens Law, which would mean that in Gaza there is a situation of indiscriminate violence due to an international or internal armed conflict.” The Council’s position is that it is contradictory to say, on one hand, that a person can return (and therefore is not entitled to recognition under the second paragraph of Article 1D), but to then grant him subsidiary protection, because this implies that the CGRS is of the opinion that the ongoing violence is to such a degree that it would make it improper to force the person to return.478 Palestinian refugees registered with UNRWA fleeing the armed conflict in Syria have been ipso facto recognized as refugees in Belgium according to the second paragraph of article 1D. As of October 2014, Palestinians registered with UNRWA in Gaza,479 but other Palestinians may or may not be recognized as refugees.480 5. Refugee Status Determination Process: Outcome Applicants granted either refugee status or subsidiary protection receive residence permits. If granted refugee status, the residence permit is for an indefinite 477 Conseil du Contentieux des Étrangers, “Case 96656 [Dutch],” 5, item 2.8. Information provided by Marjan Claes. 479 Belgian Refugee Council (CBAR-BCHV), “Verslag van de Contactvergadering [Report of the Contact Meeting],” September 9, 2014, para. 14, http://www.cbar-bchv.be/LinkClick.aspx?fileticket=3fR0nr De3do%3d&tabid=219&mid=1424&language=nl-NL. 480 Information provided by Marjan Claes. 478 Survey of Protection at the National Level 99

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