European Court of Justice boosts chances for asylum seekers without citizenship in Palestine.
Palatine individuals without citizenship might be considered as asylum seekers in the European Union (EU) under specific scenarios. If the United Nations Relief and Works Agency for Palestinians in the Near East (UNRWA) no longer ensures their safety and basic welfare, those registered with UNRWA could be identified as refugees, according to The European Court of Justice (ECJ).
Until now, stateless Palestinians living in the EU didn't have a valid ground to seek protection when they already get support from UNRWA and are registered there.
A case originating in Bulgaria sheds light on this issue. In 2018, a mother and her child from the Palestinian regions requested asylum in the country, asserting that UNRWA was no longer safeguarding them, hence they should be labeled as refugees. The ECJ will determine when protection ceases to be available.
Under the new decision, the criterion is whether UNRWA is unable to provide individuals with basic needs and security in place. If this becomes the case, stateless Palestinians may potentially be acknowledged as refugees in the EU, subject to specific conditions.
The particular case must be adjudicated by the Bulgarian court. Although, the ECJ highlighted, "the living conditions in Gaza and UNRWA's ability to accomplish its mission have deteriorated to an extent never seen before owing to the events of October 7, 2023."
On October 7th, 2023, a bloodbath perpetrated by Hamas and other extremist factions resulted in over 1200 fatalities in Israel; the most lethal assault in the country's history. The Israeli reprisal mission has thus far claimed the lives of at least 37,202 individuals, says the healthcare department regulated by Hamas.
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In light of the deteriorating living conditions in Gaza and UNRWA's struggling mission due to the October 7, 2023 Gaza war, where over 1200 Palestinians were killed by Hamas and other extremist factions, those Palestinians without citizenship who were previously supported by UNRWA and living in the EU might now have a possibility to seek asylum, as the European Court of Justice (ECJ) has expanded the criteria to consider if UNRWA is unable to provide basic needs and security.
Following the Bulgarian court's review of a case involving a Palestinian mother and child who fled their region, citing a lack of safety and support from UNRWA, the ECJ emphasized that the escalating violence and instability in Gaza has significantly impacted UNRWA's capacity to fulfill its mandate, presenting a potential opportunity for stateless Palestinians to seek asylum in the EU under specific circumstances.
