A Legal Precedent in Paris.. A Decision Grants Gazans the Right to Asylum in France

Translation by SadaNews - A report published by the Hebrew newspaper "Israel Hayom" stated that the immigration court in Paris granted asylum rights to a woman from Gaza and her son, forming a precedent allowing nearly half a million Gazans to seek political asylum in the country. The French right swiftly criticized the decision, stating: "The decision ignores the sovereign rights of French citizens."

The French National Court for Refugees granted refugee status on Friday to a Palestinian woman from Gaza and another man, ruling that they had "well-founded fear of personal persecution" if they returned to the territory due to their "nationality." This is the first time France has granted this status to residents of the Gaza Strip.

According to the Hebrew report: "Among the potential implications of this decision is that nearly half a million Palestinians living in Gaza, who are descendants of refugees from 1948, may obtain refugee status in France if they seek asylum in Paris."

The report continued: "This is a precedent in the French immigration system that could provide an exit for hundreds of thousands of Gaza residents, should they seek to leave the enclave. The court’s ruling stated that the residence permit was granted to them "in accordance with the Geneva Convention of 1951, due to the warfare tactics employed by Israeli forces since the ceasefire ended in March 2025."

According to the report: "The Palestinian woman had previously enjoyed subsidiary protection after leaving the Gaza Strip just a few days after the Israeli response to Hamas attacks began on October 7, 2023. A year ago, the French Office for the Protection of Refugees and Stateless Persons (OFPRA) denied her the more protective refugee status defined in the Geneva Convention, which grants her a ten-year residence permit - compared to four years for subsidiary protection."

Maya Lino, the lawyer for the applicant, stated in a statement: "We can only welcome this decision that determines that the conflict, which is exceptional in its severity, endangers all Palestinians simply by being Palestinian."

Previously, remarks by former US President Donald Trump regarding the displacement of Gaza residents to neighboring countries sparked widespread international and Arab controversy. Trump proposed in January 2025 to transfer between one million to one and a half million Gazans outside the enclave, suggesting that this would "facilitate the reconstruction of the area and transform it into a tourist and economic destination." This proposal was met with strong rejection from Arab and Islamic countries, with Saudi Arabia, Jordan, and Turkey affirming their refusal of any attempt to resolve the Palestinian issue through forced displacement.

Coinciding with these statements, the Israeli government announced at the time the establishment of a "Voluntary Migration Directorate" in March 2025, an official body tasked with facilitating the departure of Gaza residents to third countries, in coordination with international organizations and governmental agencies. According to Israeli reports, the directorate is working to provide safe passage by land, sea, and air, and to inspect pedestrians at crossings, with the aim of encouraging what it describes as "voluntary migration."

Israeli Prime Minister Benjamin Netanyahu stated that his government "is ready to encourage the voluntary migration of Palestinians from Gaza," but indicated that "the problem lies in finding countries willing to host them." Israeli Minister of Defense Yoav Gallant affirmed that "at least 40% of Gaza's population is interested in migration," while Interior Minister Moshe Arbel claimed that thousands of Palestinians had departed via Ramon Airport in recent months.

Conversely, human rights organizations and political analysts have regarded these policies as a form of "forced transfer," especially under the catastrophic humanitarian conditions faced by Gaza residents, including siege, starvation, and the cessation of basic services. Palestinian and international entities have warned that these plans could lead to the reoccurrence of a new Nakba and the liquidation of the Palestinian cause under the guise of a false humanitarian narrative.

The French decision to grant asylum to a woman from Gaza and her son raises questions about whether this step represents an independent humanitarian shift in European asylum policy or whether it intersects indirectly with political agendas that call for encouraging the departure of Gaza residents, as promoted by certain Israeli and American entities.

While the French court emphasizes that the decision is based on the 1951 Geneva Convention and reflects the deteriorating humanitarian conditions in Gaza, observers believe that the practical implications may open the door for a large influx of refugees, raising discussions about the balance between the legal obligation to protect civilians and the potential use of this protection in broader political contexts.