Advocacy Briefing: Palestinians and the search for protection as refugees and stateless persons in Europe object and purpose of the 1951 Convention, particularly the inclusion clause of Article 1D, drafted to ensure continuity of protection for Palestinian refugees. Issue 2: Lack of (consistent) recognition that Palestinians are stateless Palestinians who have not acquired a nationality (other than Palestinian) should be considered stateless under the definition set out in the 1954 Convention relating to the Status of Stateless Persons. This is mainly because Palestine remains under occupation by Israel, does not have full sovereignty, does not have full control over issuance of official documentation or entry and exit to its territory, and because attempts to enact a Palestinian nationality law have failed. This does not negate the fact that Palestinians have an entitlement to Palestinian nationality under international law; rather it is a recognition that Palestinians are “not considered nationals by any state under the operation of its law”. 1 It is also a recognition that the details of a future Palestinian nationality law are undetermined. For example, will the law give equal rights to men and women to confer their nationality; will Palestinians whose ancestors left Palestine before a certain date be entitled to nationality; and what evidence will be required to prove entitlement to nationality? The lack of consistent recognition that Palestinians are stateless, either in refugee status determination procedures under the 1951 Convention or as stateless persons under the 1954 Convention, has a significant impact on Palestinians’ ability to access protection in Europe. It also impacts on the ability of Palestinian children to acquire a nationality in some countries, which do not apply safeguards to prevent childhood statelessness to Palestinian children on the grounds that Palestinians are not stateless. 2 Furthermore, it impacts on the reliability of data, as some countries record Palestinians as stateless, others record them under a separate nationality category ‘Palestine’, and it is not clear where or whether these overlap. Issue 3: Gaps and developments in Article 1D jurisprudence on international protection Having a protective legal status – refugee status – is vital to the concept of international protection under the 1951 Convention and European Union law, and necessarily entails fulfilment of the rights set out in the 1951 Convention and durable solutions. Article 1D of the 1951 Convention conditionally excludes from its protection Palestinians who are protected or assisted by a UN agency other than UNHCR. However, this provision also automatically includes Palestinians if that assistance or protection has ceased “for any reason”. Recent jurisprudence on Article 1D and policy developments in Europe vary widely. Some of the core issues raised in recent jurisprudence include the conditions in which UNRWA assistance should be considered to have ceased; the importance of being able to live a dignified life; whether a person who has left UNRWA’s area of operation is entitled to protection as a refugee and in what circumstances; and whether the possibility of returning to any part of UNRWA’s area of operation should influence entitlement to protection. The Court of Justice of the European Union (CJEU) has issued several key judgments on these issues, sometimes contributing to the protection of Palestinians as refugees, but sometimes resulting in narrow or confusing interpretations that give rise to differing implementation of the judgments across Europe. Key gaps identified include: • Inadequate consideration of the lack of effective assistance or protection in UNRWA’s area of operation in some jurisdictions