Court name: European Court of Human Rights
Date of decision:

The applicant is a stateless person of Palestinian origin who was born in a refugee camp in Lebanon. He applied for protection in the UK on several grounds, including that he was at risk of harm in breach of Article 3 ECHR because of attempts to recruit him to extremist armed factions in the camp, but his application was rejected. The ECtHR accepted that there was no risk in case of return to Lebanon, and found no information supporting the applicant’s argument in a EUAA (former EASO) report regarding the recruitment of young Palestinians in refugee camps in Lebanon. The Court found no violation of Article 3 ECHR.

Court name: High Court of Justice, Queen’s Bench Division (Administrative Court)
Date of decision:

The claimant, born in a refugee camp in Western Sahara, asserted he is a stateless person within the meaning of article 1(a) of the 1954 UN Convention relating to the Status of Stateless Persons (although he never made a formal statelessness application) and alleged that he was unlawfully detained under immigration powers, pending deportation. The Secretary of State attempted to obtain an emergency travel document for the claimant from various foreign authorities, yet delays were encountered. The claimant was detained throughout but it was held that the Secretary of State was acting with reasonable diligence, the decision to detain the claimant was not unlawful considering the circumstances and there was a reasonable prospect of removal during the period of detention. The claimant was a persistent absconder with multiple convictions, had been assessed as posing a high risk of harm to the public, and these factors weighed against him when assessing what was a reasonable period of detention.

Court name: Upper Tribunal (Immigration and Asylum Chamber)
Date of decision:

The case concerns a Belarusian individual who had entered the UK in 1998, whose asylum applications were refused and who spent the subsequent eighteen years in immigration bail as his identity could not be confirmed and he could not be deported to Belarus. He complained that the state of “limbo” in which he was as a result of his immigration bail constituted an infringement of his right to private life. He also alleged that he had become stateless as result of losing his Belarusian nationality. The court found that there was a violation of Article 8 of the ECHR. On the statelessness question, it was held he could not be considered a stateless person. 

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

This case concerns a mother and child, NB and AB, stateless Palestinians formerly residing in Lebanon who are registered with UNRWA. AB is severely disabled and has complex medical issues and other needs. They sought asylum in the United Kingdom on the basis of Article 1D of the Refugee Convention. The Court considered whether they qualify to be granted ipso facto refugee status under Article 1D of the Refugee Convention. The Court found that the burden of proof lies with the applicants to prove that they have actually had recourse to UNRWA’s protection or assistance and that that protection or assistance has ceased, but, once that is established, if the authority considers that the applicant could now return to UNRWA’s area of operation, it is for that authority to demonstrate that the circumstances have changed in the area of operations concerned and that the applicant can access adequate protection or assistance from UNRWA. It also held that the applicant does not need to prove that there was any intentional infliction of harm or failure; it is sufficient to establish that UNRWA’s assistance or protection has in fact ceased for any reason (beyond the applicant’s control). The Court held, inter alia, that if UNRWA cooperates with a civil society or host government agency or actor to fulfil its mission, the services by those organisations are relevant to considerations of whether UNWRA can provide adequate assistance or protection only if there is a stable and formal relationship between UNRWA and the relevant organisations, and the applicant has a durable right to such services.