unable to show either fear of persecution or inability to return to the country. The CGRA stated: Since it appears that you have provided no evidence to show that in Lebanon you will be risking persecution as understood in refugee law, and moreover it is determined that UNRWA registered refugees can return to Lebanon without problems, the CGRA considers that there are no obstacles that prevent you from returning to Lebanon and that you can again enjoy the protection or assistance of UNRWA. In accordance with Article 1D of the Refugee Convention and Article 55/2 of the Aliens Act you should therefore be excluded from refugee status. On appeal, the CCE determined that inclusion under Article 1D was based on whether return is possible or not and whether a person who is able to return can place himself again under UNRWA assistance or protection. The inclusion is based on the fact that a person cannot return because of fear of persecution or because the country obstructs return, for example because no travel documents are delivered: The [Qualification] Directive, in particular Article 12 1(a), and Article 55/2 of the Aliens Act refer therefore explicitly to the application of Article 1D of the Geneva Convention. Article 1D of that Treaty provides that if the protection or assistance from organizations or institutions such as UNRWA for any reason is terminated, the person’s assistance and legal protection will fall under the Refugee Convention. The view of UNHCR as set out in the memorandum of October 2009 on the application of Article 1D is that when a person is outside the mandate of the UNRWA area, he or she no longer enjoys the protection or assistance from agencies other than UNHCR and consequently falls under Article 1D, second paragraph, so that person is automatically entitled to the provisions of the Refugee Convention of 1951. This does not prevent the person who returns to the Mandate area of UNRWA from being within the scope of Article 1D, first paragraph. (UNHCR, "Revised Statement on Article 1D of the 1951 Convention", October 2009, p. 8; UNHCR, "Revised Note on the Applicability of Article 1D of the 1951 Convention Relating to the Status of Refugees to Palestinian refugees" October 2009 Section C. 8 and 10). In some cases, there may be reasons why the person cannot be returned or does not want to return to the mandated territory, such as the relevant government’s refusal to accept the person’s return. It is therefore necessary to determine whether a Palestinian refugee, who falls under the care of UNRWA, can effectively re-avail himself of UNRWA’s protection. If the country of habitual residence of the Palestinian hampers return, this person should be recognized as a refugee without examination under Article 1A of the Refugee Convention, since he is already a refugee [emphasis added].465 96 465 Conseil du Contentieux des Étrangers, “Case 87475 [Dutch],” 6–7. Handbook on Protection of Palestinian Refugees