effective protection is guaranteed. If that country is Party to the 1951 Refugee
Convention, the person will continue to benefit from the Convention. However, if the
country or territory of former residence falls within UNRWA’s area of operations, the
1951 Refugee Convention will cease to apply in accordance with the first paragraph
of Article 1D. While the 1951 Refugee Convention does not address the issue of
“returnability” of refugees, guidance has been developed by UNHCR.300
The 2009 Revised Note clarified that until return takes place through a safe third
country assessment, the asylum seeker will be entitled to protection granted on the
basis of Article 1D. A person returning to UNRWA’S area of operations “remains
entitled to the benefits of the 1951 Convention until such return takes place.”301
In other words, a Palestinian asylum seeker is recognized as a refugee based
on Article 1D, but if deemed returnable, then he or she would still benefit from
the protection granted by the 1951 Refugee Convention until the return. However,
benefiting from this clarification would require that host countries apply Article 1D
properly in the first place.
2.2. European Union Interpretations
2.2.1. Reception Conditions
The European Union requires that all asylum seekers be given adequate
opportunity to present their protection claims; to that end, they must be provided
with basic necessities. The European Council issued a directive in 2003 outlining
the minimum standards required for the reception of asylum seekers in the European
Union.302 Member states were required to transpose the directive into national law
by 6 February 2005. The 2003 directive has since been amended, and member states
now must transpose the amended directive into national legislation by July 2015.303
Asylum seekers must be notified not only of any laws with which they must
comply, but also of their rights and benefits during the asylum process. Additionally,
applicants must be furnished with documents certifying their status as asylum seekers
or stating that they are permitted to stay in the member state while their applications
are pending. The document must be valid for as long as the applicant is authorized
to remain in the territory of the member state. The member state may also provide
the asylum seeker with a travel document when international travel is required for
humanitarian reasons.304
300
See also UNHCR, “2002 Note,” para. 8 and 9.
UNHCR, “2009 Revised Note,” para. 10.
302
Council of the European Union, “Council Directive 2003/9/EC of 27 January 2003 Laying Down
Minimum Standards for the Reception of Asylum Seekers,” February 6, 2003, http://eur-lex.europa.
eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:031:0018:0025:EN:PDF.
303
Council of the European Union, “Directive 2013/33/EU of the European Parliament and of the Council
of June 26 2013 Laying down Standards for the Reception of Applicants for International Protection
(recast),” June 29, 2013, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013L0033.
304
Council of the European Union, “Council Directive 2003/9/EC,” chap. 2, Articles 5-6.
301
The 1951 Refugee Convention and Article 1D
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