Update on Statelessness Litigation in Europe This section includes relevant European case law on statelessness and nationality from regional and domestic courts. For more details about these judgments and to browse over 300 other cases, visit our Statelessness Case Law Database. Regional Courts Landmark CJEU judgment on Palestinian refugees' access to protection CJEU – Case C-563/22, Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (13 June 2024) The Court of Justice of the European Union (CJEU) delivered its judgment in a case involving a stateless Palestinian child and her family, registered with UNRWA, who left the Gaza strip to seek protection Bulgaria. Their applications for international protection were rejected on the grounds that they had not proven that they had left the Gaza Strip for fear of persecution and that hostilities in the area did not rise to the level of armed conflict and indiscriminate violence. The CJEU held that UNRWA’s protection or assistance must be considered to have ceased when (1) UNRWA finds itself unable, for whatever reason, to ensure dignified living conditions and (2) the applicant finds themselves in a state of serious insecurity if returned to that area, taking into account where applicable their vulnerability. The Court noted that both the living conditions in the Gaza Strip and UNRWA's ability to carry out its mission have suffered an unprecedented deterioration due to the aftermath of the events of 7 October 2023. Read the full judgment and a news piece from Foundation for Access to Rights (FAR), who are representing the family. EU states not required to regularise third-country nationals unlawfully present CJEU - Case C-352/23, LF v. Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (12 September 2024) The CJEU held that Member States are not required to grant, on compelling humanitarian grounds, a right to stay to third-country nationals who currently reside unlawfully in its territory, irrespective of the duration of their stay in that Member State. The case concerned a third-country national who has resided in Bulgaria since 1996 and been denied requests for international protection on several occasions, and whose removal was impossible. The Court found that the Charter of Fundamental Rights of the European Union cannot require the regularisation of stay, as this would extend the scope of EU law. The Court also held that, for as long as the individual has the status of applicant for international protection, they may rely on the rights enshrined in the Receptions Conditions Directive (2013/33/EU). While this case does not concern a stateless person, the Court’s findings are relevant to stateless persons irregularly present within an EU Member State, who face a high risk of not being able to return to a country of origin or previous residence because they are not nationals. Foundation for Access to Rights (FAR) provided legal assistance in this case. Read the full judgment. National Courts

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