JUDGMENT OF 13. 1. 2021 – CASE C-507/19
BUNDESREPUBLIK DEUTSCHLAND (REFUGEE STATUS OF A STATELESS PERSON
OF
PALESTINIAN
ORIGIN)
after hearing the Opinion of the Advocate General at the sitting on 1 October 2020,
gives the following
Judgment
1
This request for a preliminary ruling concerns the interpretation of Article 12(1)(a) of Directive
2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for
the qualification of third-country nationals or stateless persons as beneficiaries of international
protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for
the content of the protection granted (OJ 2011 L 337, p. 9).
2
The request has been made in proceedings between the Bundesrepublik Deutschland and XT
concerning the rejection of XT’s application for international protection in order to obtain refugee
status.
Legal context
International law
The Geneva Convention
3
The Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951 (United Nations
Treaty Series, vol. 189, p. 150, No 2545 (1954)), entered into force on 22 April 1954. It was
supplemented and amended by the Protocol Relating to the Status of Refugees, concluded in New
York on 31 January 1967, which entered into force on 4 October 1967 (‘the Geneva Convention’).
4
Article 1(D) of the Geneva Convention provides:
‘This Convention shall not apply to persons who are at present receiving from organs or agencies of
the United Nations other than the United Nations High Commissioner for Refugees protection or
assistance.
When such protection or assistance has ceased for any reason, without the position of such persons
being definitively settled in accordance with the relevant resolutions adopted by the General Assembly
of the United Nations, these persons shall ipso facto be entitled to the benefits of this Convention.’
United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)
5
United Nations General Assembly resolution No 302 (IV) of 8 December 1949, concerning assistance
to Palestine refugees, established the United Nations Relief and Works Agency for Palestine Refugees
in the Near East (UNRWA). Its task is to serve the well-being and human development of Palestine
refugees
6
According to points VII.C and VII.E of UNRWA’s Consolidated Eligibility and Registration
Instructions, UNRWA’s area of operations (‘area of operations’) covers five fields, namely the Gaza
Strip, the West Bank (including East Jerusalem), Jordan, Lebanon and Syria.
2
ECLI:EU:C:2021:3