Discussion of the judgement C-294/22 delivered on 5 October 2023

Description

In this judgment, the CJEU clarifies the cases when a stateless person of Palestinian origin registered with the UNRWA (and previously receiving protection in Lebanon) shall be granted refugee protection in the EU based on the Qualification Directive Recast.
This case is interesting for three reasons:
First, it is interesting to reflect on how the CJEU, relying on its monopoly of interpretation on EU law sources, interprets authoritatively for its Member States sources of international law (in this case, the exclusion clause in the Geneva Refugee Convention).
Secondly, it is interesting to analyze the Court's reasoning because, in this case, the CJEU expands the list of cases where international protection shall be granted since a TCN's return would result in severe deterioration of the TCN's health condition.
Thirdly,the ruling offered a timely opportunity to reflect on the interaction between EU asylum law and the mandate of the UNRWA to protect Palestinians in the areas of its mandate.

Period	8 Nov 2023
Held at	Global Law & Governance