The Council of State granted  subsidiary protection to a Palestinian from the Gaza Strip on the basis of Article 48/4, § 2, b) Residence Act (Vw). Based on its previous case law, the Council of State ruled that although the socio-economic and humanitarian situation in Gaza is problematic, not every Palestinian from Gaza faces a real risk of serious harm upon return. Applicants for international protection from Gaza must demonstrate that they are specifically affected by the socio-economic and humanitarian situation, to the extent that they would be subject to inhuman or degrading treatment within the meaning of Article 3 ECHR. 

The Council of State noted in the present case the socio-economic consequences of the escalation of the conflict in May 2021 and the individual situation of the applicant, which he substantiates with documents.

The applicant submitted two documents with regard to his personal socio-economic situation, namely a Palestinian Authority document stating the amount he will receive as a pension and a document from an aid organization stating that the applicant and his family are dependent on humanitarian aid.

The Council of State decided that the applicant sufficiently demonstrated that in the event of his return he would end up in a situation of extreme poverty that would constitute inhuman or degrading treatment.