3.12.2. Stateless Palestinians
One of the largest and longest-lasting statelessness hotspot globally is among Palestinians, reflecting a complex and intricate situation.852Following the outbreak of the war in Gaza and the resulting volatile and unpredictable situation, EU+ countries put on hold the processing of asylum applications from stateless Palestinians from Gaza.853
Prior to the war in Gaza, courts were called on to determine facts of law of UNRWA protection for Palestinians applying for international protection. In OFPRA v SW, the CJEU ruled on the cessation of UNRWA assistance when a lack of access to medical care and treatment resulted in the stateless person of Palestinian origin running a real risk of imminent death or a real risk of being exposed to a serious, rapid and irreversible decline of their state of health or a significant reduction in their life expectancy.854
At the national level, the Council of State in the Netherlands, clarified the application of Article 1D of the Refugee Convention in cases when the applicant voluntarily departs from UNRWA’s area of operations.855
- 852European Network on Statelessness. (2023, October 26). Why statelessness cannot be ignored in the violence in Gaza and Israel.
- 853New to Denmark. (2023, November 1). Asylum applications from stateless Palestinians from Gaza put on hold.
- 854European Union, Court of Justice of the European Union [CJEU], French Office for the Protection of Refugees and Stateless Persons (OFPRA) v SW, C‑294/22, ECLI:EU:C:2023:733, 05 October 2023.
- 855Netherlands, Council of State [Afdeling Bestuursrechtspraak van de Raad van State], State Secretary v Applicant, 202103732/1/V3, ECLI:NL:RVS:2023:2446, 27 June 2023.