for any reason. These are questions of fact. The decision-maker has a duty to inquire
into the matter and to take into account all of the available evidence.
41. The assessment must consider whether, at the time the individual’s claim is
considered, he or she is unable to or unwilling to (re)avail himself or herself of the
protection or assistance of UNRWA for a reason beyond his or her control. Inquiries
also need to be made in relation to the circumstances in the State or authority, as well
as the applicant’s individual circumstances (see paragraphs 22(j) and 25).78 The
burden of proof lies on the decision-making authorities where it is asserted by them
that the applicant could relocate internally within the same UNRWA area of operation,
or absent other factors, be able to enter safely and with appropriate legal
documentation per paragraph 22(iv) above.
UNRWA registration
42. Being registered by UNRWA or possessing UNRWA documentation would serve
as conclusive, albeit not necessary, proof of falling within the scope of Article 1D(1).79
In the absence of such documentation or other relevant proof, adjudicators may rely
on other evidence to this effect, including through, for example, the applicant’s own
statements, the affidavits of others or the production of other relevant documentation.80
Evidence of registration with UNRWA should not, however, be considered as a
necessary precondition to recognition.81 “Displaced persons” for example, are not
“registered” in UNRWA’s registration system, however, UNRWA keeps “due records”
of such persons.82 Lastly, by definition, a person who, despite being eligible to receive
UNRWA protection and assistance, has not received such, may not be registered nor
have such proof. They may nevertheless still fall within Article 1D.
Evidence of objective reasons bringing the applicant within the second
paragraph of Article 1D
43. The evidence in relation to the inclusionary part of the assessment may come from
a variety of sources. The applicant may provide evidence that is relevant in his or her
own statements. A statement by UNRWA that it has discontinued activities in a given
area of operation would be clear evidence that it had done so. Evidence from other
sources that UNRWA had discontinued its activities could also be persuasive. It is
78 The ability of Palestinian refugees to move from one area of operation to another is contingent upon
the recognition or granting of legal status by the host government of the receiving area, and the individual
circumstances of the Palestinian refugee. This is also the case for a person who was never resident in
an UNRWA area of operation.
79 UNRWA, CERI, 2009, Section III.A.1, page 3, note 21 above. The CJEU found that “[w]hile registration
with UNRWA is sufficient proof of actually receiving assistance from it, it has been explained in
paragraph 45 above that such assistance can be provided even in the absence of such registration, in
which case the beneficiary must be permitted to adduce evidence of that assistance by other means.”
Bolbol, note 2 above, paras 46 and 52.
80 Special consideration would need to be given to descendants of Palestinian refugee women married
to persons other than Palestine refugees registered with UNRWA, since they are not under UNRWA’s
CERI, registered as Palestine refugees but may be otherwise recorded for the purpose of receiving
services. See, note 21 above.
81 “Registration with UNRWA is of a declaratory nature, confirming rather than establishing that an
individual falls under UNRWA’s mandate.” Takkenberg, note 5 above, 100.
82 UNRWA, CERI, 2009, Section III.B - “Persons eligible to receive services without being registered in
UNRWA’s registration system” at page 6, note 21 above.
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