the applicant’s story regarding his fear of persecution within the camp credible, the
Court noted that the fact that conditions in Lebanon could lead to persecution is not
in itself sufficient reason to grant asylum status. The Court notes that the refugee
camp from which petitioner fled was secure from attack.
Case E7 427609-1/2012/12E, of 27 September 2012416
Petitioner was a Palestinian registered with UNRWA who formerly resided at a
refugee camp in Lebanon. Petitioner designed and installed kitchens and windows,
and also worked in the Security Unit of Fatah in his refugee camp. Petitioner left
his family (father and siblings) behind when he fled Lebanon. Petitioner claimed he
left Lebanon for three reasons: (1) he suffered from heart disease, and was unable
to obtain the necessary medication in Lebanon; (2) on two separate occasions, he
received death threats for speaking out against murders of friends who were also in
Fatah; and (3) petitioner was unable to find work due to the violent conflict in Syria.
The Court ultimately rejected the applicant’s asylum claim. First, a courtsanctioned doctor evaluated the petitioner’s heart condition and found that he
suffered from high blood pressure rather than a heart disease. The court determined
that the applicant would be able to obtain blood pressure medication in an UNRWA
camp. The court also found that inconsistencies in the petitioner’s story reduced
his credibility, and were unable to verify that he actually had a well-founded fear
of persecution upon return to Lebanon. Finally, the Court noted its policy that an
applicant must face a well-founded fear of persecution throughout the entire country
of prior residence, rather than only in a specific segment of the country, in order to be
eligible for refugee status under the second paragraph of Article 1D of the Refugee
Convention. Here, the Court found that the applicant did not face a well-founded
fear of persecution everywhere in Lebanon. To support this conclusion, the Court
noted that the applicant was safe for the year and a half during which he lived outside
the refugee camp. Additionally, the Court noted that Lebanon’s policy regarding
Palestinian refugees permits them to live outside refugee camps. Therefore, the
applicant did not have a well-founded fear of persecution and did not warrant a
favorable grant of asylum pursuant to Article 1D.
Case E7 402746-2/2012/7E, 5 November 2012417
In this decision, the asylum seeker was a Palestinian registered with UNRWA
whose primary place of residence was Lebanon. He fled to Austria due to fear of
persecution by Islamic organizations, which allegedly threatened his life. The Court
referred to the opinion of the advocate general in the then-pending case of Bolbol
and stated that persons who no longer take advantage of UNRWA’s protection due
to their own acts do not automatically qualify as refugees. Nevertheless, they were
entitled to an examination of their individual case and could qualify for protection
86
416
417
Asylgerichtshof (AsylGH) [Asylum Court of Austria], “Case E7 427609-1/2012/12E.”
Asylgerichtshof (AsylGH) [Asylum Court of Austria], “Case E7 402746-2/2012/7E.”
Handbook on Protection of Palestinian Refugees
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