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FR: The National Court of Asylum provided subsidiary protection to a Palestinian applicant from Khan Younis, ruling that there is a situation of indiscriminate violence of exceptional intensity in the Gaza Strip.

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France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], M.A. v French Office for the Protection of Refugees and Stateless Persons (Office Français de Protection des Réfugiés et Apatrides‚ OFPRA), No 22054816 C+, 12 February 2024. Link redirects to the English summary in the EUAA Case Law Database.
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An applicant from Khan Younis, a locality in the Gaza Strip, requested international protection in France, alleging fear of persecution by members of Hamas, due to imputed political opinions.

The court noted that the applicant did not benefit from the protection of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), as his parents and himself were born in Khan Younis and never registered with UNRWA.

The court concluded that the applicant did not fulfil the conditions to be provided refugee protection. However, he was granted subsidiary protection, as it was considered that in the event of his return to the Gaza Strip, he would run a real risk of serious harm against his life or person, by mere presence as a civilian in the area, due to the armed conflict between Hamas and the Israeli armed forces.

The court cited the CJEU judgments of Elgafaji v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid) (C-465/07, 17 February 2009) and CF and DN v Bundesrepublik Deutschland (C-901/19, 10 June 2021).

The court relied on data from ACLED and the United Nations Office for the Coordination of Humanitarian Affairs. (OCHA), the UNRWA situation report, notes from the World Health Organization (WHO) and press releases from UNICEF, which highlight security incidents, the number of victims and internally displaced people, the humanitarian situation generated since 7 October 2023.

Country of Decision
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 22054816 C+
Date of Decision
Country of Origin
Palestine State
Indiscriminate violence
Subsidiary Protection
Other Source/Information
Press release