For the first time in France, the National Court of Asylum has granted refugee status to a Palestinian and her son from the Gaza Strip, considering “that they were afraid of being personally persecuted” in the event of a return to this territory, because of their “nationality”.
This is a first in France. The national court of asylum law (CNDA) granted refugees to a Palestinian and her son from the Gaza Strip on Friday, considering “that they were rightly feared to be personally persecuted” in the event of return to this territory, because of their “nationality”. By this decision, the Court judged that the Palestinian nationals from the Palestinian territory not protected by the UN could benefit from the status of refugee.
Except that the criteria retained by the National Court of Asylum Law may further deteriorate relations between France and Israel.
Palestinians “persecuted” because of their nationality according to the CNDA
Because the way in which the war against Hamas is waged by Israel is considered by the National Court of Asylum as being serious enough to be qualified as a method of persecution. It is precisely this qualification which can grant the status of refugee, it is still necessary that individuals perceived as persecuted are according to their opinions or their belonging to a given human community.
For judges of the National Court of Asylum, the second criterion applies to the Palestinian applicant. In their eyes, even if they do not have a state, the Palestinians are indeed a national group. It would therefore be because of this nationality that this former resident of the Gaza Strip would be persecuted by Israel. Accusation of persecution, recognition of a Palestinian nationality … enough to cause dissatisfaction with the Israeli authorities already irritated by Emmanuel Macron’s intention to announce a unilateral recognition by France of a Palestinian State.
