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

16 February 2022 | Judicial Body: Switzerland: Federal Court | Topic(s): Exclusion clauses - Palestinian - Statelessness - Statelessness Determination Procedures - UNRWA | Countries: Switzerland - Syrian Arab Republic

Discrimination; intérêt supérieur de l’enfant; développement de l’enfant; droit de l’enfant d’être entendu dans toute procédure judiciaire ou administrative l’intéressant; protection et assistance humanitaire voulues pour les enfants réfugiés; droit de l’enfant de jouir du meilleur état de santé possible; traitements inhumains ou dégradants

6 October 2021 | Judicial Body: UN Committee on the Rights of the Child (CRC) | Topic(s): Children's rights - Convention on the Rights of the Child (CRC) - Freedom from torture, inhuman and degrading treatment - Rule of law / Due process / Procedural fairness - Statelessness | Countries: Bulgaria - Switzerland - Syrian Arab Republic

6 August 2021 | Judicial Body: Switzerland: Federal Court | Topic(s): Exclusion clauses - Palestinian - Statelessness - Statelessness Determination Procedures - UNRWA | Countries: Switzerland - Syrian Arab Republic

1. The word “admissible” must mean in the context of paragraph 403(c) the ability to enter lawfully and reside lawfully. “Admissible” does not incorporate the concept of “permanent residence”. 2. The Statelessness Convention does not impose a requirement on contracting parties to grant either permanent residence or citizenship.

25 March 2021 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1954 Statelessness Convention | Topic(s): Entry / Exit - Residence permits / Residency - Statelessness | Countries: Kuwait - United Kingdom of Great Britain and Northern Ireland

1. The second sentence of Article 12(1)(a) 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 must be interpreted as meaning that, in order to determine whether the protection or assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has ceased, it is necessary to take into account, as part of an individual assessment of all the relevant factors of the situation in question, all the fields of UNRWA’s area of operations which a stateless person of Palestinian origin who has left that area has a concrete possibility of accessing and safely remaining therein. 2. The second sentence of Article 12(1)(a) of Directive 2011/95 must be interpreted as meaning that UNRWA’s protection or assistance cannot be regarded as having ceased where a stateless person of Palestinian origin left the UNRWA area of operations from a field in that area in which his or her personal safety was at serious risk and in which UNRWA was not in a position to provide that individual with protection or assistance, first, if that individual voluntarily travelled to that field from another field in that area in which his or her personal safety was not at serious risk and in which he or she could receive protection or assistance from UNRWA and, secondly, if he or she could not reasonably expect, on the basis of the specific information available to him or her, to receive protection or assistance from UNRWA in the field to which he or she travelled or to be able to return at short notice to the field from which he or she came, which is for the national court to verify.

13 January 2021 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Exclusion clauses - Palestinian - Statelessness | Countries: Germany - Lebanon - Syrian Arab Republic

28 December 2020 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Citizenship / Nationality law - Statelessness | Countries: Netherlands

This case concerned an applicant who was stateless. This is an unofficial translation.

6 August 2020 | Judicial Body: Ukraine: Supreme Court | Topic(s): Statelessness | Countries: Ukraine