Litigation Toolkit on Statelessness: Volume II October 2022 Pending cases • Pham v. U.K., Application No. 37478/20 (communication published 14 December 2020) The case concerns an alleged violation of Article 8 as a result of a decision to deprive the applicant of his British nationality. The applicant was born in Vietnam and acquired British nationality as a child after moving to the UK. The UK deprive him of his British nationality after finding that he was involved in terrorism-related activities. The Vietnamese Government has refused to acknowledge his Vietnamese nationality. The judgment of the ECtHR is still pending. ENS and the AIRE Centre submitted a thirdparty intervention focusing on the obligation to assess whether statelessness or a risk of statelessness would result from a decision to deprive a person of their nationality. The intervention offers an analysis of the key provisions of the 1954 and 1961 Statelessness Conventions as well as other relevant international legal standards. The submission summarises the obligations of States to prevent and reduce the risk of statelessness under Article 8 ECHR. A copy of the third-party intervention can be found here. 2.4. Protection of Palestinians The European Network on Statelessness, together with the BADIL Resource Center for Palestinian Residency and Refugee Rights published a report in June 2022 on Palestinians and the Search for Protection as Refugees and Stateless Persons. The report is available online and considers the legal status of Palestinian refugees and stateless persons, providing a summary and critical analysis of jurisprudence relating to Article 1D of the Refugee Convention, and statelessness determination relating to Palestinians under the 1954 Convention. Court of Justice of the European Union • Bolbol, C-31/09, ECLI:EU:C:2010:351 (17 June 2010) The case concerns a stateless person of Palestinian origin who was refused asylum in Hungary. The question before the CJEU concerned the circumstances in which a person is considered to be receiving "protection or assistance from organs or agencies of the United Nations other than [UNHCR]" within the meaning of Article 12(1)(a) of the 2004 Qualification Directive (equivalent to Article 1D of the Refugee Convention), and may therefore be entitled to refugee status when that protection or assistance ceases. The CJEU held that the words “at present” mean the present day, and that a person receives protection or assistance from UNRWA when that person has actually availed themselves of that protection or assistance, and not if they are entitled to but have not done so. It also noted that persons who have not actually availed themselves of protection or assistance from UNRWA, prior to their application for refugee status, may, in any event, have that application examined pursuant to Article 2(c) of the Directive. 9