The ALC found that Petitioner was registered with UNRWA when he lived in
Lebanon, thus satisfying the first inquiry. Second, the Court found that Petitioner
was forced to leave the UNRWA area of operations. Because UNRWA was unable
to protect Petitioner, and, as a result, Petitioner’s personal safety was at risk, the
Court determined that Petitioner also satisfied the second El Kott inquiry. Finally,
the Court found no other grounds to justify Petitioner’s exclusion from refugee
protection, and Petitioner was “entitled ipso facto to the benefits provided by the
Geneva Convention.” Accordingly, the Court granted Petitioner refugee status.
K.K.F. v. Bevándorlási és Állampolgársági Hivatal (Office of Immigration and
Nationality), 15.K30.590/2013/5, 21 March 2013723
The applicant was a Palestinian who had lived in the Beddawi refugee camp
in Lebanon and received UNRWA assistance. He left his home because of the
poor security situation in the camp as well as harassment and threats from various
Palestinian groups. The OIN rejected his application, having determined that
the applicant voluntarily left UNRWA’s area of operations and therefore was not
automatically entitled to international protection. Furthermore, the OIN decided that
the applicant had not been persecuted for reasons outlined in the Geneva Convention,
and therefore denied refugee status. The Court followed the reasoning of El Kott
and found that in the circumstances of this case, UNRWA assistance had ceased for
reasons beyond the control of the applicant (due to threats against his personal safety
and a series of physical and psychological attacks). UNRWA could not protect the
applicant, and therefore he was entitled ipso facto to the benefits provided by the
Geneva Convention, i.e. refugee status.
Case 16.K.27.128/2014/8, Gyor-Moson-Sopron County Court724
The applicant was a Palestinian who had previously lived in Ein El Hilweh camp
in Lebanon. He claimed that he was approached and threatened by several Islamic
groups who wanted him to join them, as well as that his life was in danger because of
many security incidents that put civilians at risk. His asylum application was rejected
by the OIN. The decision stated that El Kott criteria were not applicable in his case.
However, the decision in this case was not well-reasoned. The Court quashed the
OIN’s decision and ordered a new procedure because the OIN decision contained no
adequate reasoning on the key issues of the case.
The applicant’s mother’s asylum application was also rejected, but in her case
another judge confirmed the OIN’s decision (case 6.K.27.116/2014/12). This case
is not representative of Hungarian jurisprudence, however. Most courts now follow
the El Kott criteria.
723
148
Budapest Administrative and Labour Court, “K.K.F. v. Bevándorlási És Állampolgársági Hivatal
(Office of Immigration and Nationality, OIN) [Hungarian],” March 21, 2013, 15.K30.590/2013/5,
http://www.asylumlawdatabase.eu/sites/www.asylumlawdatabase.eu/files/aldfiles/Original%20
Judgment%20-%20Budapest%20Administrative%20and%20Labour%20Court%20-%20KKF%20
Palestinian%20v%20OIN.pdf.
724
Information provided by Grusa Matevsic.
Handbook on Protection of Palestinian Refugees
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