(Article 15 (b)) or (for civilians) a serious and individual threat to life due to inter­national or internal armed conflict (Article 15 (c)).347 Beneficiaries of subsidiary protection are entitled to residence permits lasting at least one year, and in some cases, travel documents, as well as other benefits.348 Article 78 of the Treaty on the Functioning of the European Union also requires that the EU implement a policy for asylum as well as subsidiary protection and temporary protection which ensures that Member States will observe the principle of non-refoulement.349 2.2.5. Bolbol v. Bevándorlási és Állampolgársági Hivatal (Office of Immigration and Nationality) (Case C-31/09) Ms. Bolbol, a stateless person of Palestinian origin, left the Gaza Strip for Hungary in January 2007. She obtained a residence permit but also applied for asylum on the grounds that she was a Palestinian residing outside the area of UNRWA operations and was fleeing unsafe conditions in the Gaza Strip due to the conflict between Fatah and Hamas. Her application for asylum was denied on the grounds that “the second subparagraph of Article 1D of the Geneva Convention does not require unconditional recognition as a refugee but defines the category of persons to whom the provisions of the Geneva Convention apply.”350 Ms. Bolbol appealed the denial of asylum. Three questions came before the Court of Justice of the European Union (CJEU) in this case, decided on 17 June 2010. The CJEU was asked, for the purposes of Article 12(1)(a) of Directive 2004/83/ EC, to address the following: 1. “Must someone be regarded as a person receiving the protection and assistance of a United Nations agency merely by virtue of the fact that he is entitled to assistance or protection or is it also necessary for him actually to avail himself of that protection or assistance?” 2. “Does cessation of the agency's protection or assistance mean residence outside the agency's area of operations, cessation of the agency and cessation of the possibility of receiving the agency's protection or assistance or, possibly, an objective obstacle such that the person entitled thereto is unable to avail himself of that protection or assistance?” 3. “Do the benefits of the directive mean recognition as a refugee, or either of the two forms of protection covered by the directive (recognition as a refugee and the grant of subsidiary protection), according to the choice made 347 Ibid., Article 15. See ibid., Article 24-25; see also European Agency for Fundamental Rights. and Council of Europe, Handbook on European Law Relating to Asylum, Borders and Immigration, June 2013, http://fra. europa.eu/sites/default/files/handbook-law-asylum-migration-borders_en.pdf, at 2.2 and 3.1.1. 349 European Agency for Fundamental Rights. and Council of Europe, Handbook on European Law Relating to Asylum, Borders and Immigration at 3.1. 350 Court of Justice of the European Union, “Bolbol,” para. 29. 348 The 1951 Refugee Convention and Article 1D 65

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