Ad-Hoc Query on practice followed with regards to Palestinian asylum seekers from Gaza. Requested by CY EMN NCP on 13 th February 2012

Transcription

1 Ad-Hoc Query on practice followed with regards to Palestinian asylum seekers from Gaza Requested by CY EMN NCP on 13 th February 2012 Compilation produced on 18 th April 2012 Responses from Austria, Belgium, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden and United Kingdom (23 in Total) Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does 1. Background Information Cyprus has been receiving large numbers of asylum applications from Palestinians from Gaza. The general practice is to grant international protection (subsidiary protection status or refugee status). 1.What is the practice followed by the other Member States? 2. Are forced returns of Palestinians from Gaza carried out? 1 of 6

2 2. Responses Wider Dissemination? Austria No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Belgium Yes 1. Every asylum application is assessed on its individual merits. The decision to grant subsidiary protection according to article 15 C 2004/83/EC for asylum seekers from Gaza is currently under consideration 2. In 2011 no forced returns have been carried out to Gaza. Cyprus Yes Palestinian asylum seekers from Gaza are granted subsidiary protection status or refugee status. Forced returns are not carried out. Czech Republic No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Estonia Yes 1. There is no established practice concerning Palestinians from Gaza since the number of applicants from that region has been very low. Thus each application for international protection is assessed individually and is processed under general conditions. So far forced returns have not been carried out. Finland Yes 1. Finland does not currently give any form of protection to asylum seekers from the Gaza strip unless there are individual grounds for a refugee or subsidiary protection status. All applications are thus assessed individually. 2. There are not any cases to be referred to in this matter France Yes 1. In France, the authorities consider that a Palestinian national, being outside the area where the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) operates, is no longer eligible for assistance or protection from that organization. Therefore, this person shall not be subject to the exclusion clause described in the first paragraph of point D) of Article 1 of the Geneva Convention on Refugees. However, those registered with UNRWA cannot automatically be granted the refugee status in France. In view of this, a Palestinian national is likely to be granted refugee status, if and only if he/she has serious reasons to fear of being persecuted for one of the reasons stated in 2) of A) of the Article 1 of the Geneva Convention. Otherwise, he/she can seek subsidiary protection, if and only if he/she is threatened within the meaning of Article L of Code on Entry and Residence of Foreigners and Right of Asylum (CESEDA). (Source: Arrêt du Conseil d'état du 23 juillet 2010, n , OFPRA c/ M. A / Ruling of the Council of State, 23 July 2010, n , OFPRA against M. A) 2 of 6

3 2. Forced returns of Palestinians are carried out by French authorities towards Gaza but such a scenario rarely happens. Most of the time, the majority of Palestinians are rather readmitted to one of the Schengen Member States in the framework of bilateral agreements (38 out of the 53 Palestinians readmitted in 2011, the other 15 having chosen spontaneous or assisted return). The main difficulty lies in obtaining a consular pass for Palestinian nationals. Applications are first submitted to the representative from the General Delegation of Palestine in France. If consular pass is issued, readmission shall be made either via Egypt and then, by road transportation under the aegis of the French Police's International Technical Co-operation Delegation (Service de cooperation technique internationale de police = SCTIP) towards Gaza Strip, or via Jordan and then, by road transportation under the aegis of SCTIP towards the West Bank. If Palestinian nationals have Lebanese documents (national residence permit, Lebanese civil status certificate), Lebanese authorities are competent to issue a consular pass. In case of issuance, the readmission can be carried out through Lebanon. Germany Yes 1. The crucial factor is first and foremost whether an asylum seeker is accorded priority protection by UNRWA because they are registered as a refugee with UNRWA. If this is not the case, their applications for asylum, just like those filed by other asylum seekers, are checked on a case-by-case basis. For persons who are registered as refugees with UNRWA outside the area in which UNRWA delivers it services, it needs to be examined whether priority protection resulting from their registration with UNRWA has ceased to apply. However, according to the case law of the Federal Administrative Court, it cannot be automatically assumed that priority protection resulting from refugees being registered with UNRWA has ceased to apply merely because they departed voluntarily. As both the behaviour of the person concerned and, if applicable, a decree issued by the former host country could have resulted in a loss of protection by UNRWA, it depends which of these two crucial factors plays the pivotal role. In accordance with the competency regulation set forth in Article 1 (d) of the Geneva Convention relating to the Status of Refugees, Palestinians who have left the Gaza Strip voluntarily should not have the right to choose between protection as refugees or (once again) claiming protection as refugees who are registered with UNRWA. Greece Yes 1. The examination procedure is carried out on a case by case basis. Depending on the reasons for applying, an international protection status (refugee or subsidiary protection status) can be granted. Furthermore, a humanitarian status can be granted according to article 28 of P.D. 114/2010. Forced returns do not take place due to the fact that those persons do not carry travel documents or a travel document cannot be issued. Hungary Yes 1. According to the Judgment C-31/09. on Nawras Bolbol contra Office of Immigration and Nationality rendered by the European Court of Justice, Hungary applies Article 12. Paragraph (1) point a) of the 2004/83/EC qualification directive in case of Palestinian asylum seekers who have actually availed themselves of the protection or assistance of UNWRA. In their case, the refugee authority examines on a case by case basis whether the conditions for granting international protection status apply and according to that might grant them either refugee status, subsidiary protection status or protection status on humanitarian grounds. 3 of 6

4 2. Until now the Hungarian immigration authority has not carried out forced return to Palestinian territory by air. One Palestinian national requested his voluntary return to Palestine in writing; however his voluntary return was cancelled as he subsequently failed to cooperate in the voluntary return procedure. Italy Yes In Italy the decision to grant the refugee or subsidiary protection status is made on an individual basis, according to the information and evidence emerging from the official interview with the Territorial Commission in charge of granting international protection. In the case of Palestinian asylum seekers, applicants are usually granted a form of protection. For more precise information, you may refer to the below Eurostat data referring to 2010 decisions on applications submitted by Palestinian citizens: DECISION 2010 Total number of decisions 140 Total positive decisions 120 Geneva Convention status 100 Humanitarian status 0 Rejected 20 Subsidiary protection status 15 Temporary protection status 0 Latvia Yes 1. The subsidiary form of protection has been granted to Palestinian asylum seekers from Gaza. 2. Forced returns are not carried out. Lithuania Yes Lithuania hasn t received any Palestinian asylum seekers from Gaza, thus we cannot provide any information. Luxembourg Yes 1. In Luxembourg there is not an specific policy in regards with Palestinian asylum seekers. They are treated in a case to case basis. During 2011, there were two Palestinians how apply for international protection. None of the two obtain the refugee status but one of them but one of them was granted by the Ministry of Immigration a subsidiary protection. In the other case the person was excluded from the procedure. In two other cases, the Immigration authorities declare themselves incompetent to treat the applications. 2. During 2011, there have not been forced returns of rejected Palestinian asylum seekers. Malta Yes 1. Since 2002, the Office of the Refugee Commissioner received 166 applications for international protection from persons claiming to be from Palestine. In 2011, the Office of the Refugee Commissioner received only one application from a person claiming to be of Palestinian origin, and who allegedly moved to the Gaza strip in his adolescence and moved out later on in his life. The Office of the Refugee Commissioner considers and assesses each asylum application, made by Palestinians from Gaza, on its own 4 of 6

5 merits taking into consideration the specific circumstances and situation of the particular asylum-seeker, in the light of the most current and authoritative sources. 2. Forced returns are not carried out. Netherlands Yes The Netherlands does not have specific policy for asylum seekers from Gaza. Neither are there specific groups categorized for asylum seekers from Gaza nor do we consider specific categories at risk. Furthermore, we do not categorize the current situation in Gaza as a situation of indiscriminate violence due to an international or internal armed conflict (according to article 15 c Council Directive 2004/83/EC). Thus, the asylum seekers from Gaza are not granted subsidiary protection based on article 15 c Council Directive 2004/83/EC. In general, all asylum claims are assessed on their individual merits. In each case is carefully determined whether an applicant qualifies for asylum/protection in the Netherlands. While assessing an individual claim, the general situation in Gaza is also taken into account Portugal Yes In recent years PT did not register asylum applications from Palestinians Romania Yes 1. Romanian asylum authorities do not have a policy regarding Palestinians from Gaza, who apply for asylum. According to Romanian Asylum Law, any asylum application is individually and successively analyzed from the perspective of the refugee status and subsidiary protection. Also, the asylum law provides that the decision on the asylum application is taken after the appointed civil servants, qualified in asylum matters, examine adequately the applicant s case. It implies: individual examination of each asylum application and taking an objective and impartial decision; and an examination of the information, obtained from various sources, needed for the assessment of the personal situation of the asylum applicant in the country of origin. Therefore, the asylum applications submitted by Palestinians from Gaza are individually analyzed. In each case is very important/essential to take into consideration the circumstances of the asylum applicant situation, the problems encountered in the country of origin, his actions in the country of origin and the relevance of those actions for the national authorities, the risks he would face from state or nonstate agents in case he might be returned to the country of origin etc. 2. In 2011, only 2 Palestinians were returned. Slovak Republic Yes 1.In the Slovak Republic there cannot be described a comprehensive practice as each application for asylum is considered individually. In recent years the Slovak Republic has recorded low number of applicants coming from the Gaza Region. There were cases when these applicants were not granted asylum or subsidiary protection. 2. No. 5 of 6

6 Slovenia Yes 1. No application for international protection, lodged by Palestinians from Gaza was decided on substance during the last 3 years (from January 2009 till now) in Slovenia. During this period 19 IP applications were lodged by Palestinians from Gaza (2009: 2; 2010: 10; 2011: 7; Jan 2012: 0) and the same number were withdrawn/deemed withdrawn by the law (2009: 1; 2010: 9; 2011: 9; Jan 2012: 0). 2. According to information provided by the authority responsible for removals Centre for Foreigners Postojna (part of Slovenian police) there were no extraditions or deportations/removals of Palestinian citizens carried out neither in 2009 nor in In 2010, 1 Palestinian was transferred on the basis of the Dublin regulation and 14 Palestinians were handed over to the authorities of Croatia, on the basis of bilateral agreement. Year nbr of citizens Palestine 2011 / There were no successfully removals to Palestine Spain Yes 1. Spain grants the status of refugee to every Palestinian asylum seeker from Gaza provided with the UNRWA card. If they do not have this card, Spain grants Subsidiary Protection to these Palestinian asylum seekers from Gaza. 2. Spain does not carry out forced returns of Palestinians from Gaza. Sweden Yes Sweden has no general practice of granting permission for Palestinians from Gaza. Each case has to be individually considered. Forced returns are not carried out since the circumstances for returning to Gaza has to go via Egypt. Palestinians have to have a granted visa to Egypt. The border control at Rafah is restricted and regulated. The number of returnees to Gaza is very few and based on voluntary return. United Kingdom No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. ************************ 6 of 6