CJEU, 25 July 2018, Serin Alheto, C-585/16, EU:C:2018:584

Palestine refugees in the European Union: Member States must verify the effectiveness of the protection from UNRWA through an exhaustive and up-to-date examination

Abstract

In the case Serin Alheto the Court of Justice deals with the issue of applications for international protection lodged in a Member State by a particular category of refugees: Palestinians registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (“UNRWA”). In consideration of the very peculiar status accorded to such persons, the Court states that, in principle, a Palestinian who already has the refugee status from UNRWA and then later applies for international protection in a Member State cannot obtain the refugee status in the European Union, as long as he or she is receiving effective protection from such UN ad hoc agency. The protection granted to a Palestinian refugee from UNRWA, however, must exist not only in theory, but must be effective and real. The competent authorities of the Member States, therefore, must conduct an exhaustive and up-to-date examination of the application lodged by a Palestinian refugee in order to ascertain whether he or she is actually receiving effective protection from UNRWA.