Court name: Court of Justice of the European Union
State: Hungary
Date of decision:

The case concerns a stateless person of Palestinian origin who was refused asylum in Hungary. The question before the CJEU concerned the circumstances in which a person is considered to be receiving "protection or assistance from organs or agencies of the United Nations other than [UNHCR]" within the meaning of Article 12(1)(a) of the 2004 Qualification Directive (equivalent to Article 1D of the Refugee Convention), and may therefore be entitled to refugee status when that protection or assistance ceases. The CJEU held that the words “at present” mean the present day, and that a person receives protection or assistance from UNRWA when that person has actually availed themselves of that protection or assistance, and not if they are entitled to but have not done so. It also noted that persons who have not actually availed themselves of protection or assistance from UNRWA, prior to their application for refugee status, may, in any event, have that application examined pursuant to Article 2(c) of the Directive.

Court name: Administrative Court of Luxembourg
State: Luxembourg
Date of decision:

The applicant is a stateless Palestinian from Lebanon, who was denied statelessness status recognition as he was found to fall under the exclusion grounds of the 1954 Convention, even after leaving the territory under UNRWA mandate.