As extensively explained above, the 2013 UNHCR Note supports a broader
scope of Article 1D, encompassing also those Palestinians who are eligible for such
protection or assistance. Nonetheless, it should be noted that neither UNHCR nor the
CJEU mention UNCCP when referring to protection offered by UN agencies other
than UNHCR. This issue, of great importance to this Handbook, will be addressed in
Chapter Five, The Interpretation and Application of Article 1D: a critical approach.
In addition, it should be noted that, while the El Kott decision refers to reasons
beyond one’s control and independent of one’s volition, it does not provide a practical
framework for assessing such reasons. In contrast, the 2013 UNHCR Note offers two
sets of objective reasons, concerning protection-related issues and practical barriers
to return, as seen above.
2.1.5. Further screening
Article 1D establishes that persons falling under its second paragraph – i.e.,
the inclusion clause – should be automatically granted refugee status, without
further screening under Article 1A(2) criteria. While UNHCR does endorse this
understanding,299 according to its 2013 Note, Palestinians should still be subject to
some further screening, in order to assess the “objective reason” why they fled their
countries of habitual residence.
In some cases, such screening does amount to Article 1A(2) criteria; nonetheless,
even when it does not, it still contradicts the ipso facto mechanism of the second
paragraph of Article 1D, which was set to ensure the continuity of protection, since it
assesses reasons for leaving rather than evaluating whether protection standards were
met in the previous country of asylum. For a more detailed discussion of this issue
and practical mechanisms that could serve the purpose of continuity of protection,
refer to Chapter Five, Section 2.
2.1.6. Non-Refoulement and Returnabilities
Palestinians recognized as refugees, as well as those seeking asylum, are
minimally entitled to protection against refoulement, i.e., against being returned to a
country where their life or freedom would be threatened on account of race, religion,
nationality, membership of a particular social group or political opinion (see section
1.1 Non-refoulement).
The granting of residence status by the state that has recognized the individual as
a refugee is not specifically addressed in the 1951 Refugee Convention. However, if
state parties do not make provision for legal status to those whom they have recognized
as refugees, their obligations under the Convention are seriously undermined.
Nevertheless, under certain exceptional circumstances, national authorities might be
permitted to return a Palestinian refugee to a country of previous residence where
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UNHCR, “2013 Note,” 5; and, especially, UNHCR, “UNHCR’s Oral Intervention at the Court of Justice
of the European Union, Hearing of the Case of El Kott and Others v. Hungary (C-364/11),” 13.
Handbook on Protection of Palestinian Refugees
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