Belgium - Council for Alien Law Litigation, 23 May 2013, Nr 103.509

Country of Decision:
Country of Applicant:
Date of Decision:
23-05-2013
Citation:
Nr 103.509
Court Name:
Council for Alien Law Litigation
Relevant Legislative Provisions:
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Headnote: 

The Applicant had been forced to leave the UNRWA’s area of operations. The facts that had led to his departure from Lebanon justified ending his exclusion from the application of Article 1D of the Geneva Convention.

Facts: 

The Applicant, a stateless person, was born in the Nahr el Bared refugee camp in Lebanon and enjoyed the assistance of the UNRWA. He attempted first to seek asylum in Germany in 2007, but was sent back to Greece. After returning to Lebanon, he then came back to Europe and sought asylum in Belgium, submitting that various members of his family had been persecuted. 

Decision & Reasoning: 

The CGRS held that the credibility of the asylum seeker’s account was weakened by his travelling around. It found that his reason for leaving Lebanon was to seek a better life in Belgium and that there was no ground for fearing persecution. According to CGRS information, Palestinians registered with the UNRWA were able to obtain travel documents necessary to be readmitted to Lebanon. In the circumstances, the Applicant could be excluded from the application of Article 1D.

However, the CALL found, on the contrary, that the Applicant had left Lebanon in 2006 in a situation of unrest, that of his siblings, two brothers had sought and obtained asylum in Germany, and that his father had died as a result of torture inflicted by the Lebanese army.  The Applicant was held to be at serious risk of personal danger and the UNRWA was unable to assure him of living conditions in line with its mission, owing to the fact that his former place of residence had in the meantime been almost completely destroyed.

 

Outcome: 

Refugee status recognised.

Observations/Comments: 

This judgment of the CALL refers to the CJEU judgment in El Kott (C-364/11) in finding that the Applicant had been forced to leave the UNRWA’s area of operations.