On 13 June 2024, the Court of Justice of the European Union (CJEU) delivered its judgment in case C-563/22 concerning the legal status of Palestinian refugees registered with UNRWA (United Nations Relief and Works Agency for Palestine Refugees in the Near East).
Facts of the case
The decision concerns a young mother and her minor daughter of Palestinian origin from the Gaza Strip, who together with her husband entered Bulgaria in 2019. Upon arrival, the family was detained for illegally crossing the border. They were taken to the Special Home for Temporary Accommodation of Foreigners - Sofia in order to take action for their return. It was there that attorney-at-law Valeria Ilareva and her team from the Foundation for Access to Rights - FAR reached out to them and assisted them in applying for international protection before the State Agency for Refugees (SAR) and in being registered as asylum seekers. Their application is based on the precarious situation in the Gaza Strip, the lack of decent basic living conditions, and the constant state of war and internal conflict.
The proceedings did not go smoothly after the family's asylum applications were filed. The family was separated. The father's application for international protection was examined while he was in immigration detention. He was not released immediately after he was registered as an asylum seeker, while the mother and child were, fortunately, released. This circumstance put the whole family in a situation of stress and uncertainty as to whether the father would be unlawfully returned while his refugee application was reviewed and while the mother and child were alone in Bulgaria.
Within a few months, their applications for international protection were rejected and upheld by two court instances on the grounds that they had not proven that they had left the Gaza Strip for fear of persecution and that hostilities in the area did not rise to the level of armed conflict and indiscriminate violence.
Subsequently, the mother, on her behalf and on behalf of her daughter, filed a second, subsequent application (the subject of the case before the CJEU), in which she argued that the entire family was registered as Palestinian refugees with UNRWA, but that assistance had now ceased. The Agency was unable to provide them with minimum conditions for a decent and safe life in the Gaza Strip. Circumstances relating to the deep humanitarian crisis in Gaza were highlighted, as is the fact that returning the minor child there would be contrary to the principle of protecting the best interests of the child. They should, therefore, be granted refugee status in Bulgaria based on Article 1D of the 1951 Refugee Convention.
The subsequent application, although admitted for consideration on the merits, was rejected by the SAR. The reasons for the rejection are: firstly, SAR claims that the parties concerned had voluntarily renounced UNRWA's assistance by leaving its area of operation. SAR also points out that there is no reason to believe that they would not benefit from this assistance again in the event of a return to this area. Finally, the allegations about the general situation in the Gaza Strip did not substantiate a personal element of persecution or threat to life relevant to the grant of refugee status, and that these circumstances had already been taken into account in the examination of the first application. The FAR lawyers Valeria Ilareva and Magdalena Miteva appealed the refusal before the Administrative Court - Sofia City, which opened Administrative Case 5797/2021. Based on the arguments and evidence submitted, the judge-rapporteur referred a preliminary reference to the CJEU, primarily relating to the question at what point UNRWA's assistance is deemed to have ceased, paying special attention to the most vulnerable - children.
Main conclusions of the CJEU judgment
In its judgment, the CJEU first establishes that the examination of the merits of a subsequent application must cover all the factual elements presented, including the facts already assessed in the first application.
Next, the Court observes that, if the Bulgarian court were to conclude that, having regard to the general
conditions of life prevailing in the Gaza Strip at the time of its ruling, UNRWA’s protection or assistance in
that sector of its area of operations must be considered as having ceased in respect of the applicants, the latter should automatically be granted refugee status if no other exclusionary circumstances apply to them under EU law and, in particular, Directive 2011/95/EU.
UNRWA’s protection or assistance must, in particular, be considered to have ceased in respect of the
applicant when that body finds itself unable, for whatever reason, including a reason related to the general situation in the sector of UNRWA's area of operation, to ensure dignified living conditions or minimum security conditions to any stateless person of Palestinian origin, staying in the sector of UNRWA’s
area of operations, in which the applicant had his or her habitual residence. According to the CJEU, applicants are not required to prove that they are specifically affected by this general situation because of circumstances inherent in their personal situation.
In this regard, the Court notes that both the living conditions in the Gaza Strip and UNRWA's ability to carry out its mission have suffered an unprecedented deterioration due to the aftermath of the events of 7 October 2023.
This decision is key for Palestinian refugees in the EU, providing a legal framework for their protection and integration when UNRWA assistance is cut off. It reaffirms their right to protection and support, in line with European law.
The full text of the decision can be found here.
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