Palestinians who are eligible to receive UNRWA’s services.288 Even though UNHCR’s 2002 Note also mentioned Palestinians eligible for URNWA’s services,289 this issue was completely absent from the 2009 UNHCR Note. The 2013 Note, thus, brings back specific references to the eligibility to receive UNRWA’s services. UNHCR position that Palestinians only eligible to UNRWA’s assistance contrasts not only with the Bolbol decision, mentioned in the 2013 UNHCR Note itself, but also with the El Kott decision (see section 2.1.4 below). The importance of widening the scope of Article 1D to those who are eligible for UNRWA’s services is that individuals who have never actually enjoyed such services, or who have never been registered with UNRWA, can still apply for refugee status under the inclusion clause of Article 1D. This is made clear also in the careful phrasing of situation (iii), cited above: “any objective reason outside the control of the person concerned such that the person is unable to (re-)avail themselves of the protection or assistance of UNRWA [emphasis added].”290 By choosing the term “(re-)avail,” the 2013 UNHCR Note puts under the umbrella of the inclusion clause of Article 1D both Palestinians registered with UNRWA who are unable to re-avail themselves of its services and Palestinians eligible for such services who are unable to access them (i.e., for the first time). 2.1.3. Objective reasons outside the control of the person concerned Most notably, the 2013 UNHCR Note establishes a framework for assessing the objective reasons “why the applicant is unable to return or re-avail himself or herself of the protection or assistance of UNRWA,” which correspond to the third situation in which UNRWA’s activities have “ceased for any reason,” as outlined above.291 This framework consists of two main sets of objective reasons, as shown below: • • Threats to life, physical security or freedom, or other serious protectionrelated reasons. - Examples would include situations such as armed conflict or other situations of violence, civil unrest and general insecurity, or events seriously disturbing public order. - It would also include more individualized threats or protection risks such as sexual and gender-based violence, human trafficking and exploitation, torture, inhuman or degrading treatment or punishment, or arbitrary arrest or detention. Practical, legal and safety barriers to return. - Practical barriers would include being unable to access the territory because of border closures, road blocks or closed transport routes. - Legal barriers would include absence of documentation to travel to, or 288 Ibid., 4. UNHCR, “2002 Note,” para. 6. 290 UNHCR, “2013 Note,” 4. 291 Ibid. 289 56 Handbook on Protection of Palestinian Refugees