Germany

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 | Document type: Case Law | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Exclusion clauses - Palestinian - Statelessness | Countries: Germany - Lebanon - Syrian Arab Republic

1 July 2011 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Document type: Case Law | Countries: Belgium - Germany - Morocco

Translator's Note: The Federal Administrative Court, or Bundesverwaltungsgericht, is the Federal Republic of Germany's supreme administrative court. This unofficial translation is provided for the reader's convenience and has not been officially authorised by the Bundesverwaltungsgericht. Page numbers in citations of international texts have been retained from the original and may not match the pagination in the parallel English versions.

31 March 2011 | Judicial Body: Germany: Bundesverwaltungsgericht | Document type: Case Law | Topic(s): Crimes against humanity - Exclusion clauses - Refugees - Right to seek asylum - War crimes | Countries: Germany - Rwanda

June 2010 | Publisher: Ireland: Refugee Documentation Centre | Document type: Legal Articles/Analyses/Commentaries

Unofficial translation.

16 February 2010 | Judicial Body: Germany: Bundesverwaltungsgericht | Document type: Case Law | Topic(s): Chechen - Combatants / Former combatants - Deportation / Forcible return - Exclusion clauses - Internal armed conflict - International criminal law - Prosecution vs persecution - Serious non-political crime - War crimes | Countries: Germany - Russian Federation

16 February 2010 | Judicial Body: Germany: Bundesverwaltungsgericht | Document type: Case Law | Topic(s): Chechen - Combatants / Former combatants - Deportation / Forcible return - Exclusion clauses - Internal armed conflict - International criminal law - Prosecution vs persecution - Serious non-political crime - War crimes | Countries: Germany - Russian Federation

July 2009 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae