In his Opinion adopted on Thursday 17 May in Case C-585/16, the Advocate General held that a stateless citizen benefiting from Palestinian refugee status with the UNRWA, can obtain the status of a refugee under Union law if it appears that on the basis of an individual examination and relevant circumstances, the protection and assistance granted by UNRWA has ceased.
Ms Serin Auad Alheto is a stateless citizen of Palestinian origin who benefits from Palestinian refugee status at the UNRWA. In a Bulgarian court of law, she contested Bulgaria's refusal to grant her international protection under the rules of the EU.
The court asked the European Court of Justice whether directive (2011/95) on international protection allows for a request for international protection submitted by Ms Alheto not to be examined.
In his Opinion, Advocate General Paolo Mengozzi, pointed out that refugee status in the EU cannot be granted to third country nationals or stateless citizens protected by United Nations bodies unless, for one reason or another, this protection or assistance has ceased.
The Bulgarian court will have to verify whether the departure of the Palestinian refugee from the Gaza Strip was justified for reasons other than those of her own wishes and therefore prevented her from continuing to benefit from UNRWA protection.
In the event of an affirmative response after having verified the absence of other exclusion causes, the Bulgarian judge will have to recognise Ms Alheto’s refugee status under Union law. He will be able to apply directive 2011/95 if he deems it necessary. (Original version in French by Mathieu Bion)