UNRWA’s area of operations nor a voluntary decision to leave qualify as cessation
of assistance. However, if the person was forced to leave, it may lead to a finding
that assistance has ceased. In so deciding, the Court stated that this interpretation is
consistent with the purpose of Article 12(1)(a) of the Directive, “which is inter alia
to ensure that Palestinian refugees continue to receive protection by affording them
effective protection or assistance and not simply by guaranteeing the existence of a
body or agency whose task is to provide such assistance or protection.”358
Although the Court found that being forced to leave UNRWA’s area of operations
is enough to assume cessation of assistance, it left it to the discretion of national
authorities to decide whether an applicant’s departure was for reasons beyond his
or her control.359 Nonetheless, the Court stated that “a Palestinian refugee must be
regarded as having been forced to leave UNRWA’s area of operations if his personal
safety is at serious risk and if it is impossible for that agency to guarantee that his
living conditions in that area will be commensurate with the mission entrusted to
that agency.”360
Question 1
The Court then addressed the first question, and began by noting that unlike
the 1951 Refugee Convention, the Directive actually governs both refugee status
and subsidiary protection status.361 Thus, “the words ‘be entitled to the benefits of
[the] Directive’ in the second sentence of Article 12(1)(a) […] must be understood
as referring to refugee status, since that provision was based on Article 1D of
the Geneva Convention and the directive must be interpreted in the light of that
provision.”362
The Court observed that it would be redundant to state that the applicants
concerned would ipso facto be entitled to the benefits of the Directive, “if its only
purpose was to point out that the persons who are no longer excluded from refugee
status […] may rely on the directive to ensure that their application for refugee
status will be considered in accordance with Article 2(c) of the directive.”363
Even so, the Court found that “the fact that the persons concerned are ipso facto
entitled to the benefits of Directive 2004/83 within the meaning of Article 12(1)
(a) does not […] entail an unconditional right to refugee status.”364In such a case,
the applicant “is not necessarily required to show that he has a well-founded fear
of being persecuted within the meaning of Article 2(c) of the directive, but must
nevertheless submit […] an application for refugee status, which must be examined
358
Ibid., para. 60.
Ibid., para. 61.
360
Ibid., para. 63.
361
Ibid., para. 66.
362
Ibid., para. 67.
363
Ibid., para. 73.
364
Ibid., para. 75.
359
68
Handbook on Protection of Palestinian Refugees
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