PARIS (Diya TV) — In a historic ruling, France’s top asylum court has granted full refugee status to Palestinians living in Gaza, citing the severity of the conflict and alleged persecution by Israel. The decision could change how France handles future asylum applications from Gaza.
France’s National Court of Asylum (CNDA) ruled that all Palestinians currently residing in Gaza are eligible to apply for full asylum in France. This landmark decision followed the appeal of a Palestinian mother and her son, who sought refuge after the Hamas-led October 7 attacks on Israel triggered a wave of military response in the region.
The court found that the “methods of war” used by the Israel Defense Forces (IDF) were serious enough to be considered “persecution.” This overturned a previous decision by the French Office for the Protection of Refugees and Stateless Persons (OFPRA), which had granted the woman only limited subsidiary protection.
Under the new ruling, Palestinians from Gaza can now seek full refugee status in France. This status provides a 10-year renewable residency permit and access to more extensive social services. The decision is rooted in the 1951 Geneva Convention, which protects people facing persecution based on race, religion, nationality, social group, or political opinion.
The CNDA based its decision on the idea that Palestinians in Gaza face persecution due to their “nationality.” Although France does not officially recognize Palestine as a state, the court said that Palestinians have the characteristics of a nationality. These include shared cultural, ethnic, and political identity, as well as geographic roots.
The ruling stated that this collective identity meets the Geneva Convention’s criteria for refugee protection. This makes it possible for the remaining 20% of Gaza’s population—those not already covered by the United Nations Relief and Works Agency (UNRWA)—to qualify for asylum in France.
UNRWA already offers basic protections to about 80% of Palestinians in Gaza. Until now, only those outside the agency’s mandate could apply for asylum in France, and even then, they received only short-term protection.
The court’s decision received praise from human rights organizations such as Amnesty International. They view the ruling as a vital step toward protecting vulnerable civilians caught in one of the world’s most volatile conflicts.
However, others raised concerns about national security and immigration policy. Henda Ayari, a former Muslim and women’s rights advocate, questioned why France should take in refugees when many Muslim-majority countries have not.
“France already faces deep social tensions,” she said. “Now we’re asked to welcome refugees from an area where Hamas operates and anti-Western views run deep. Some may have even supported the October 7 attacks.”
Right-wing politician Eric Zemmour also voiced strong opposition. In an op-ed, he warned that the ruling could open France to “millions more Muslims whom no Muslim country wants.”
Despite the backlash, legal experts say the ruling is not likely to lead to mass immigration. Pascal Markowicz, a lawyer with the Representative Council of French Jewish Institutions (CRIF), said each asylum request is still reviewed on a case-by-case basis.
“This is not a blanket decision,” he explained. “Applicants must still prove they face personal danger or persecution.”
French officials confirmed that Palestinian asylum applications remain relatively low. In the first nine months of 2024, fewer than 200 Palestinians applied for asylum in France, out of 142,000 total applications.
The CNDA’s decision is one of the first in Europe to offer full refugee status to Gazans not covered by UNRWA. It could influence other European courts and shape future refugee policies across the EU.
