Case Law

This request for a preliminary ruling concerns the interpretation of Article 12(1)(a) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12).

3 March 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2004 Qualification Directive (EU) | Topic(s): Article 1D - Palestinian - Persons with disabilities - Statelessness - UNRWA | Countries: Lebanon - Palestine, State of - United Kingdom of Great Britain and Northern Ireland

4 June 2021 | Judicial Body: Netherlands, The: The Hague District Court | Topic(s): Article 1D - Palestinian - UNRWA | Countries: Lebanon - Netherlands - Palestine, State of

1 October 2020 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Article 1D - Palestinian - UNRWA | Countries: Germany - Lebanon - Palestine, State of - Syrian Arab Republic

decision not final

24 August 2020 | Judicial Body: Netherlands, The: Amsterdam District Court | Topic(s): Palestinian | Countries: Netherlands - Palestine, State of

The primary issue to be determined by the Tribunal is whether the appellant is excluded from the 1951 Convention Relating to the Status of Refugees (“Refugee Convention”) by the operation of Article 1D which applies, in certain circumstances, to persons being protected or assisted by United Nations (“UN”) organs and agencies other than the Office of the United Nations High Commissioner for Refugees (“UNHCR”). If so, the appellant will not be entitled to recognition as a refugee under section 129 of the Immigration Act 2009 (“the Act”).

28 May 2019 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Legal Instrument: 1951 Refugee Convention | Topic(s): Exclusion clauses - Palestinian | Countries: Lebanon - New Zealand - Palestine, State of

This request for a preliminary ruling concerns the interpretation of Article 12(1) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9), and Article 35 and Article 46(3) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L 180, p. 60).

25 July 2018 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): EU Qualification Directive - Effective remedy - Exclusion clauses - Palestinian | Countries: Bulgaria - Palestine, State of

The Court of Appeal of Brussels, seized by the Court of Cassation of the decision of the Court of Appeal of Gant of 16 June 2016, considered that, on the basis of the criteria of the Montevideo Convention, Palestine must be considered as a sovereign State under international law. Therefore, considering that the applicant has sufficient connection with the State of Palestine, the Brussels Court of Appeal concluded that the claimant is not a stateless person.

5 June 2018 | Judicial Body: Belgium: Cour d'Appel de Bruxelles | Topic(s): Palestinian - Statelessness | Countries: Belgium - Palestine, State of

28 June 2017 | Judicial Body: Germany: Verwaltungsgericht | Legal Instrument: 1951 Refugee Convention | Topic(s): Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Palestinian - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Torture | Countries: Germany - Palestine, State of

29 December 2015 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): 1951 Refugee Convention - Country of origin information (COI) - Credibility assessment - EU Qualification Directive - Palestinian | Countries: Netherlands - Palestine, State of