The Office of Migration uses the European Country of Origin Information
Network (ECOI) for country condition resources.521
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4. Refugee Status Determination: Article 1D
Article 1D of the Refugee Convention is implemented in Article 15, Section 3(a)
of the Czech Asylum Act. Under Article 15, asylum cannot be granted if the asylum
seeker avails himself or herself of the protection or enjoys support from United
Nations bodies other than the Office of the High Commissioner for Refugees; but the
provisions of the Asylum Act shall apply to persons to whom, for any reason, such
protection or support is not granted and for whom the final decision on their status
has not been made pursuant to the provisions of the relevant resolutions made by the
United Nations General Assembly.
Despite this provision of Article 15, in general, the Ministry of Interior does not
consider the exclusion clause in cases of Palestinian asylum seekers. Palestinians
whose applications are approved are usually granted subsidiary protection rather
than refugee status, and the appellate bodies’ decisions since El Kott have not been
favorable to Palestinian applicants.
A.F., male, 20 years old, Palestinian refugee born in Syria (6 August 2013)
The asylum seeker was born in Syria. His grandfather arrived in Syria in 1948 and
was registered with UNRWA at that time. The asylum seeker had also been registered
with UNRWA in Damascus, and submitted an UNRWA record of the registration to
the Ministry of Interior during the refugee status determination proceedings. The
asylum seeker filed his application on 10 May 2012. He stated in his application
that he left Syria because he wanted to study in the Czech Republic as his uncle is a
Czech citizen. He further stated that he could not go back to Syria because he feared
he could be persecuted because of his father’s activities in Syria.
The Ministry of Interior rendered a decision on 7 May 2013, which granted
subsidiary protection for 12 months. The decision included no reasoning regarding the
application of the exclusion clause, and only mentioned that the UNRWA registration
record had been submitted, without any further statement of its significance.
The asylum seeker appealed the decision on subsidiary protection, arguing that he
fulfilled the requirements for asylum according to Article 15 §3(a) of the Asylum Act,
considering decision C-364/11, El Kott v. Bevándorlási és Állampolgársági Hivatal
of the Court of Justice of the European Union. The Municipal Court in Prague made
its decision on 6 August 2013, finding against the asylum seeker.
The asylum seeker filed an appeal of the Municipal Court’s decision to the
521
106
“European Country of Origin Information Network,” accessed November 18, 2014, http://www.
ecoi.net/.
522
Beáta Szakácsová, Overview of the RSD Procedure Conducted with Palestinian Asylum seekers in the
Czech Republic (Oct. 31, 2013) (unpublished manuscript) (on file with author).
Handbook on Protection of Palestinian Refugees
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