All Palestinians living in the Gaza Strip will be eligible for the first time to apply for asylum in France, a court ruled on Friday.
Deciding on a case brought by a Palestinian mother seeking asylum in the wake of the Islamist Hamas October 7th terror attacks on Israel, France’s National Court of Asylum (CNDA) ruled in her favour given the “war methods” of the Israeli Defence Forces in Gaza, which the court found were “serious enough to be regarded as methods of persecution.”
The decision overturned a previous rejection from the French Office for the Protection of Refugees and Stateless Effrusion (OFPRA) in November, which noted that the Palestinian woman was not specifically being “persecuted” and therefore could only be eligible for “subsidiary protection”, a lesser form of asylum which only allows for a four-year temporary residence permit rather than the ten years of protection guaranteed to refugees.
The case paved the way for the CNDA to declare that all Palestinians living in Gaza should be entitled to asylum protection in France, Le Figaro reports. The court based its decision on the Geneva Convention, which says that people who face “persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion,” should be considered refugees.
The court specifically cited the supposed persecution based on “nationality” faced by Palestinians in Gaza, despite France, like most other nations, not recognising Palestine as a state.
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