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Case of HA (Article 24 QD) Palestinian Territories

Case of HA (Article 24 QD) Palestinian Territories

In HA (Article 24 QD) Palestinian Territories [2015] UKUT 465 (IAC) the President of the Upper Tribunal decides, according to the somewhat cryptic headnote:

(i) Article 24 of the Qualification Directive does not confer a substantive right of residence in the Member State concerned. Rather, its function is to determine the modalities whereby a right of residence otherwise existing is to be documented.

(ii) The Procedures Directive is a truly adjectival instrument of EU legislation. It does not create any substantive rights in the realm of asylum or subsidiary protection.

It is another odd choice of determination to report. For those who do not immediately recall the precise wording of Article 24, it provides for residence permits to be issued to beneficiaries of refugee status or subsidiary protection and their family members.

The end result? A Palestinian refugee who was a long term resident of Syria but fled the civil war there with his family is expected to go to Palestinian National Authority.

Colin Yeo
Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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