The case C-563/22 concerns a mother and her minor daughter, both stateless persons of Palestinian origin, who left the city of Gaza in July 2018 and illegally entered Bulgaria after having transited through Egypt, Turkey and Greece. Their first application for international protection before the Bulgarian authorities was definitively rejected on the ground that they had not demonstrated that they had left the Gaza Strip for fear they might be persecuted. They then submitted a subsequent application by asserting their registration with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). They claimed refugee status following the de facto cessation of UNRWA’s protection in their respect. The subsequent application was also rejected on the ground that the interested parties had renounced UNRWA’s assistance by voluntarily leaving its area of operations.

In its judgment from 13 June 2024, the Court of Justice of the European Union noted inter alia that UNRWA’s protection or assistance must, in particular be considered to have ceased in respect of the applicant when that body finds itself unable, for whatever reason, to ensure dignified living conditions or minimum security conditions to any stateless person of Palestinian origin, staying in the sector of UNRWA’s area of operations, in which the applicant had his or her habitual residence. The Court underlines in this regard that both the living conditions in the Gaza Strip and UNRWA’s capacity to fulfil its mission have experienced an unprecedented deterioration due to the consequences of the events of 7 October 2023.

The Court observed that, if the Bulgarian court were to conclude that, having regard to the general conditions of life prevailing in the Gaza Strip at the time of its ruling, UNRWA’s protection or assistance in that sector of its area of operations must be considered as having ceased vis-à-vis the two applicants concerned, the latter should be automatically granted refugee status.

For further details, please read the press release from the Court of Justice of the EU and the judgment in French.