Austrian courts find UNRWA's assistance or protection ceased in areas of
operation in Syria
Austria - Federal Administrative Court, BF v. Federal Office for Immigration and
Asylum, L512 2276189-1 (2 August 2024)
The Austrian Federal Administrative Court ruled that a stateless person of Palestinian
origin from Syria was entitled to refugee status ipso facto as UNRWA was unable to
provide assistance or protection in areas of operations in Syria. Read a summary on
the EUAA Case Law Database.
French court finds UNRWA’s protection ceases when a stateless Palestinian
cannot access required medical care, applying CJEU case
France - Council of State, French Office for the Protection of Refugees and Stateless
Persons (Office Français de Protection des Réfugiés et Apatrides‚ OFPRA) v. Applicant,
449551 (11 July 2024)
Following a ruling of the Court of Justice of the European Union (French Office for the
Protection of Refugees and Stateless Persons v. SW, 5 October 2023; read the full
judgment and a summary on the Statelessness Case Law Database), the French
Council of State upheld the lower asylum court’s ruling (CNDA) which found that
UNRWA’s protection or assistance must be considered to have ceased, as UNRWA was
unable to provide access to health care and medication which the applicant’s life
depended on and living conditions in line with its mission of assistance, exposing the
applicant to a state of serious insecurity such as to force him to leave Lebanon. Read
the full judgment and a summary on the EUAA Case Law Database.
Dutch court finds that child born to Cuban parents not registered with consulate
is considered stateless pending judge's authorisation
Netherlands - Rechtbank Den Haag ECLI:NL:RBDHA:2024:12597 C/09/665531 / HA RK
24-226 (8 August 2024)
The court ruled that a child born to Cuban parents but not registered with the Cuban
consulate should be considered stateless. The role of the district judge is essential in
this case, as they must give permission to the parents to conduct these legal
proceedings on behalf of their child. The court indicated that it is waiting for this
authorisation before issuing a final ruling, which means that the case is currently
pending.
Dutch court finds an applicant born in former Soviet Union stateless
Netherlands, Rechtbank Den Haag ECLI:NL:RBDHA:2024:6968 C/09/654944 / HA RK 23398 (8 May 2024)
The competent authority argued that an applicant born in the former Soviet Union
who was recognised as stateless might still be an Uzbek national, relying on the
assumption that she could theoretically still claim this nationality. However, under
Uzbek law, a person who lives abroad for over five years without consular registration
loses their nationality, which was the case of the applicant. The court therefore ruled
that there was no evidence that she was considered as such or as a national of any
other country.
Dutch court finds an applicant born in UAE to Palestinian and Syrian parents
stateless
Netherlands, Rechtbank Den Haag ECLI:NL:RBDHA:2024:13673 C/09/665541 / HA RK
24-228 (27 August 2024)