Palestinians can be recognised as asylum seekers in France following a landmark ruling by the country’s National Asylum Court (CNDA).
On July 11, the CNDA granted refugee status to a Palestinian woman and her son, marking a shift in the country’s approach to asylum claims from Gaza.
The court ruled that they faced a “well-founded fear of personal persecution” due to their nationality, should they return to their homeland. It based its ruling on the 1951 Geneva Convention, reinforcing the legitimacy of the asylum claim.
Until now, Palestinian nationals from Gaza arriving in France were generally granted subsidiary protection, a temporary status lasting up to four years, typically reserved for individuals fleeing armed conflict.
In its decision, the CNDA emphasised that Israeli forces exerted control over the Gaza Strip and highlighted the impact of ongoing military operations in the region.
The court noted: “The methods of warfare employed by Israeli forces in the Gaza Strip have resulted in a high number of civilian casualties along with widespread destruction of critical civilian infrastructure, including water and electricity networks, hospitals and schools.
“These operations have led to the forced displacement of [much of] the population and the obstruction of humanitarian aid, creating severe food insecurity for the entire Gazan population,” the court said.
French Green Party leader Marine Tondelier has claimed an “ecocide” was taking place in Gaza. https://t.co/DP8192jxyz
— Brussels Signal (@brusselssignal) June 17, 2025
It further stated: “Since the breakdown of the ceasefire agreement on January 19, 2025, the repeated and grave nature of these acts qualifies them as ‘persecution’ under the European Asylum Directive of December 13, 2011.”
In its decision, the CNDA overturned a decision by the French Office for the Protection of Refugees and Stateless Persons (Ofpra).
A year earlier, Ofpra refused to grant the woman the more protective “refugee” status defined by the Geneva Convention.
While Ofpra recognised the situation of “exceptionally intense conflict” in the Palestinian territory, it considered that the applicant had not demonstrated any fear of persecution.
Human rights organisation Amnesty International France welcomed the court’s latest ruling, calling it “historic for the rights of Palestinians”.
“This decision opens the door for broader recognition of refugee status for Gazans fleeing Israeli persecution,” the NGO said.
By characterising Israeli military actions as “acts of persecution” against the Gazan population, the CNDA acknowledged they were “not acts of self-defence but systematic attacks targeting, destroying and killing civilians”, Amnesty added.
