Germany’s Federal High Court ruled in July 2014 that detention of an asylum
seeker pending a transfer to another EU country under the Dublin III Regulation
violates German law.691
6. Protection under the Statelessness Conventions
Germany is a party to both the 1954 Convention Relating to the Status of Stateless
Persons and the 1961 Convention on the Reduction of Statelessness.692
According to the 2005 edition of this Handbook,693 even though Germany does not
have a specific procedure for determining whether statelessness exists it does have
a procedure by which a person can apply for a 1954 Convention Travel Document,
thereby requiring relevant authorities to examine the question of whether a person
is stateless. This matter may also arise when an applicant requests a residence
permit. Cases of Palestinian asylum seekers who could not establish entitlement to
the benefits of the 1951 Refugee Convention are assessed under the 1954 Stateless
Persons Convention.694
Germany’s Federal Administrative Court has concluded that Palestinians who
have not acquired the nationality of a third state are stateless in the sense of Article
1, first paragraph, of the 1954 Stateless Persons Convention. However, the individual
entitlement to the benefits of the 1954 Stateless Persons Convention is conditioned
upon fulfilment of the same restrictive criteria of Article 1D, i.e., UNRWA assistance
or protection must have “ceased” without the stateless person having “voluntarily
relinquished” such assistance or protection.695 The non-compliance with those criteria
leads to the exclusion, of the stateless Palestinian concerned, from the scope of the
1954 Stateless Persons Convention.696
Nevertheless, it should be noted that Germany understands that the 1954
Convention is only applicable to those who left URNWA’s area of operation – and,
thus, no longer enjoy its protection or assistance – due to a well-founded fear of
persecution in their country of habitual residence.697
691
142
Asylum Information Database, “Germany: Federal High Court Declares Unlawful Any Detention
under Dublin III Regulation,” July 29, 2014, http://www.asylumineurope.org/news/17-10-2014/
germany-federal-high-court-declares-unlawful-any-detention-under-dublin-iii.
692
UNTC, “Status of Treaties: Convention Relating to the Status of Stateless Persons;” UNTC, “Status of
Treaties: Convention on the Reduction of Statelessness.”
693
BADIL, Closing Protection Gaps: A Handbook on Protection of Palestinian Refugees in States
Signatories to the 1951 Refugee Convention, 184–185.
694
Ibid., 184.
695
UN General Assembly, Convention Relating to the Status of Stateless Persons, Article 1(2).
696
BADIL, Closing Protection Gaps: A Handbook on Protection of Palestinian Refugees in States
Signatories to the 1951 Refugee Convention, 185.
697
See Verwaltungsgericht (Administrative Court), “A Gegen BMI, Betreffend Feststellung Der
Flüchtlingseigenschaft [Against BMI, Concerning Determination of Refugee Status],” January 29, 1986,
Zl 84/01/0106, http://www.refworld.org/docid/3ae6b7000.html; and Bundesverwaltungsgericht
(Federal Administrative Court), “Urteil Vom 21.1.1992 (Decision of 21/01/1992),” January 21, 1992,
BVerwG 1 C 21.87, http://www.refworld.org/docid/3ae6b72f20.html, Item (dd)(3).
Handbook on Protection of Palestinian Refugees
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