When a Palestinian refugee has left the territory covered by UNRWA’s mandate, she or he does no longer benefit from that protection. Thus, she or he cannot be legitimately excluded from the Statelessness Convention.
Case name (in original language)
Arrêt no. C.06.0427
Case status
Decided
Case number
C.06.0427
Citation
Belgium, Court of Cassation, 22 January 2009, no. C.06.0427, https://www.refworld.org/docid/4a26475f2.html
Date of decision
State
Court / UN Treaty Body
Court of Cassation
Language(s) the decision is available in
Dutch
French
Applicant's country of birth
Palestine
Applicant's country of residence
Palestine
Legal instruments
Key aspects
Relevant Legislative Provisions
Art. 1 of the 1954 Convention
Decision & Reasoning
When a Palestinian refugee has left the territory covered by UNRWA’s mandate, she or he does no longer benefit from that protection. Thus, she or he cannot be legitimately excluded from the Statelessness Convention.
Decision documents
Outcome
The decision of the Court of Appeal excluding the applicant of the benefits of the 1954 Convention is cancelled, and the case is sent to another Court of Appeal.