The Court observed that the plaintiff was registered with UNRWA, and that he
received assistance and protection from UNRWA (but did not state whether it was in
fact a requirement to have received assistance from UNRWA in order to come within
the inclusion clause of Article 1D). The Court relied on the El Kott decision which
established that to qualify as “cessation” of assistance or protection, the person
had to have been forced to leave the UNRWA area of operations. A “cessation”
would occur when the person concerned was in a personal situation of insecurity
and it was impossible for UNRWA to ensure living conditions commensurate with
its mandate. Mere absence from the UNRWA area or choosing to leave the zone
voluntarily does not constitute a cessation of assistance or protection by UNRWA
according to the second paragraph of Article 1D of the Geneva Convention on
Refugees.
Furthermore, the Court ruled that the plaintiff was not eligible for subsidiary
protection because there was no internal armed conflict in Lebanon.
5. Refugee Status Determination Process: Outcome
After making a decision, the authorities deliver the result to the applicant in
writing.676 If the decision is positive the applicant will obtain a residence permit for
three years if he or she is entitled to asylum or refugee status.677 Applicants granted
subsidiary protection obtain a residence permit for only one year, but it is renewable
for a further two years.678
Both recognition of entitlement to asylum and refugee status shall be revoked
if the requirements on which such recognition is based have ceased to exist. No
more than three years after a decision becomes non-appealable it shall be reexamined, for a determination of whether the conditions for revocation are met.679 In
addition, international as well as national subsidiary protection are revocable if the
circumstances in the country of origin have changed significantly and the conditions
on which the protection is based no longer exist.680
After possessing a residence permit for three years, refugees will be granted a
settlement permit (permanent residence permit) if the Federal Office for Migration
and Refugees determines that the entitlement to asylum or refugee status is not
subject to revocation.681 For persons granted subsidiary protection, a settlement
permit can be granted only after seven years.682
676
State of Germany, “Asylum Procedure Act (Asylverfahrensgesetz, AsylVfG),” Section 31(1).
Ibid., Section 25(1) and (2); State of Germany, “Residence Act (Aufenthaltsgesetz, AufenthG) [with
Amendments],” Section 26(1).
678
State of Germany, “Asylum Procedure Act (Asylverfahrensgesetz, AsylVfG),” Section 25(2); State of
Germany, “Residence Act (Aufenthaltsgesetz, AufenthG) [with Amendments],” Section 26(1).
679
State of Germany, “Asylum Procedure Act (Asylverfahrensgesetz, AsylVfG),” Section 73.
680
Ibid., Section 73(b) and (c).
681
State of Germany, “Residence Act (Aufenthaltsgesetz, AufenthG) [with Amendments],” Section
26(3).
682
Ibid., Section 26(4).
677
140
Handbook on Protection of Palestinian Refugees
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