who were receiving protection or assistance, “their continuing refugee character is acknowledged.”275 Application When a Palestinian is seeking recognition of his or her refugee status before the national authorities of a third state, the first step is to determine whether s/he falls within one of the two categories included within Article 1D, i.e. 1948 Palestine refugees or 1967 displaced persons. If not, Article 1D is not applicable. However, such a person might still qualify as a refugee under Article 1A(2).276 The 2013 Note reads: Palestinians who were not actually receiving or eligible to receive the protection or assistance of UNRWA as per the first paragraph of Article 1D may nevertheless qualify as refugees if they fulfill the criteria of Article 1A(2) of the 1951 Convention. Such persons are entitled to apply for refugee status in the normal way under the 1951 Convention via Article 1A(2).277 If the person in question falls within the scope of Article 1D, the next step is to determine whether the first or second paragraph of Article 1D applies to his or her case (section b, below). Once it is determined whether the person falls under the second paragraph, the next step would be to ensure that the person does not fall under one of the cessation or exclusion clauses of the 1951 Convention. Exclusion Clauses In accordance with international refugee law, a person otherwise meeting the criteria of the refugee definition is not entitled to the benefits of the 1951 Refugee Convention if s/he falls under one of the cessation or exclusion clauses in Articles 1C, 1E and 1F. Considering the serious consequences of exclusion for the person concerned, interpretation of these articles must be restrictive. In this context, BADIL emphasizes that even if some of the cessation or exclusion clauses apply to a Palestinian refugee, this person will continue to be a refugee in relation to United Nations General Assembly Resolution 194 or United Nations Security Council Resolution 237, and is thus entitled to durable solutions based on the rights of return, housing and property restitution, and compensation.278 In its 2009 Revised Note, UNHCR states that “persons falling within Articles 1C, 1E or 1F of the 1951 Convention do not fall within the scope of Article 1D,”279 and the same logic appears in the 2013 Note.280 Article 1C’s caput states that 275 UNHCR, “2013 Note,” 4. Ibid., 3. 277 Ibid. 278 UNHCR also stressed this point: Ibid., 6. 279 UNHCR, “2009 Revised Note,” para. 4. 280 UNHCR, “2013 Note.” 276 The 1951 Refugee Convention and Article 1D 53

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