in accordance with the inclusion clause of Article 1D (unless circumstances change).135 In addition, the CALL has held in several judgments, with reference to CJEU jurisprudence, that registration with UNRWA is sufficient proof of receiving UNRWA assistance, and therefore, Article 1D applies where an applicant is registered with UNRWA, with final outcomes depending on whether they could no longer access UNRWA assistance for reasons beyond their control.136 The CALL has also held that Article 1D does not apply to Palestinian refugees if they have not registered with UNRWA or accessed its services, even if they are eligible to be registered or receive assistance.137 The Netherlands In 2020, in case number NL20.6600,138 an Amsterdam District Court found that UNRWA could not meet the needs of the applicant and his family in Gaza as he was in a position of serious insecurity, and UNRWA assistance had ceased for reasons beyond the applicant’s control. Therefore, the Court found that he should be granted refugee status. In a subsequent judgment on this case in July 2021, the Dutch Council of State found that the District Court had improperly issued a final judgment; it should have permitted the Secretary of State to properly justify its decision.139 The Council of State also concluded that: “…the Secretary of State did not provide any insight into the standard he uses to answer the question of the extent to which UNRWA is able to carry out its assignment. He should have done so, all the more so because the applicant has contributed country information from which both the Secretary of State and the applicant infer that there is a worrying situation in the Gaza Strip from a humanitarian point of view.”140 The Council of State remanded the case, apparently mainly for procedural reasons (to give the Secretary of State an opportunity to justify its refusal). The Secretary of State was required to make a new decision within 16 weeks, taking into account the applicant’s grounds of appeal and the issues raised by the Council of State. However, as of 2 December 2021, the Secretary of State had not yet made a new decision. The applicant’s lawyer had filed an appeal for failure to make a new decision within the deadline.141 In another case decided in 2021, NL20.17797, the Court of the Hague examined the situation of Palestinians in Lebanon and their potential ability to regain access to the country after departing.142 The 135 See CALL, nr. 249 784, 24 February 2021, available in French at https://www.rvv-cce.be/sites/default/files/arr/a249784. an_.pdf; CALL, nr. 249 930, 25 Feb 2021, available in French at https://www.rvv-cce.be/sites/default/files/arr/a249930.an_. pdf ; CALL, nr. 250 868, 11 Mar 2021, available in Dutch at https://www.rvv-cce.be/sites/default/files/arr/a250868.an_.pdf. Summary provided in English by Marjan Claes, Legal Officer, Nansen (the Belgian Refugee Council), by email to Cynthia Orchard, 2 Nov 2021 and 5 Nov 2021. 136 See CALL nr. 245 352, 1 Dec 2020, https://www.rvv-cce.be/sites/default/files/arr/a245352.an_.pdf; CALL nr.246 355, 17 Dec 2020, https://www.rvv-cce.be/sites/default/files/arr/a246355.an_.pdf; CALL nr. 246 361, 17 Dec 2020, https://www.rvv-cce.be/ sites/default/files/arr/a246361.an_.pdf; CALL nr. 242 766, 22 Oct 2020, https://www.rvv-cce.be/sites/default/files/arr/a242766. an_.pdf; CALL, nr. 244 775, 25 Nov 2020, https://www.rvv-cce.be/sites/default/files/arr/a244775.an_.pdf. Summary provided by Marjan Claes, Legal Officer, Nansen (the Belgian Refugee Council), by email to Cynthia Orchard, 2 Nov 2021 and 5 Nov 2021. 137 CALL No. 246 289, 17/12/2020 (Palestine refugee – UAE – not UNRWA registered but eligible) (concerning a descendant of 1948 Palestinian refugee who was born and lived all his life prior to travelling to Belgium in the UAE; his father and grandfather were registered with UNRWA in Syria. The CALL held that his asylum claim should be examined under Article 1A of the Refugee Convention). Decision available in French at: https://www.rvv-cce.be/sites/default/files/arr/a246289.an_.pdf. Summary provided by Marjan Claes, Legal Officer, Nansen (the Belgian Refugee Council), to Cynthia Orchard, 13 Dec 2021. For further explanation of recent jurisprudence in Belgium, see van Doren and others, n 87. 138 Rechtbank Den Haag, 24-08-2020 / NL20.6600, ECLI:NL:RBDHA:2020:7999 (The Netherlands), 24 August 2020, https:// www.refworld.org/cases,NTL_ADC,5f8960b64.html. 139 202004766/1/V1, Judgment of 14 July 2021; available in Dutch at: https://www.raadvanstate.nl/uitspraken/@126105/2020047661-v1/. Summary provided by Marlotte van Dael, ASKV Refugee Support, 1 Dec 2021. 140 Ibid, Case 202004766/1/V1, Judgment of 14 July 2021. 141 Correspondence from Marlotte van Dael to Cynthia Orchard, 2 Dec 2021. 142 Court of the Hague, 4 June 2021, Ref no. ECLI:EN:RBDHA:2021:5664; available in Dutch at: https://www.refworld.org/ cases,NTL_HDC,60fae7804.html; summary and translations provided by Marlotte van Dael, ASKV Refugee Support, 1 Dec 2021. 25