Updated 1.20pm with NGOs' reaction

The Refugee Commissioner will no longer be issuing any new Temporary Humanitarian Protection-N certificates for failed asylum seekers, the government said today, in a review which has incensed NGOs.

Those having their so-called THP-n renewed until October 31, 2017 are to start making arrangements to procure all the required documentation from their country of origin. This would allow them to apply with Identity Malta for the issuing of a residence permit to cover their stay in Malta after that date. The applicants in question would also have to comply with other relevant Identity Malta criteria, including the presentation of a valid employment licence.

Home Affairs Minister Carmelo Abela held a meeting with representatives of local NGOs to inform them on the upcoming reform of Temporary Humanitarian Protection- N(ew).

Mr Abela emphasised that the granting of THP-n started in 2010 and was given to failed asylum seekers by the Office of the Refugee Commissioner. Such a status did not originate from any international or national law but was being granted on the basis of an internal administrative policy.

In recent weeks, the ministry, together with the Refugee Commissioner's Office, started a review process of operations that were overdue for a reassessment, including THP-n. 

As a result it was decided that current holders of THP-n, who still meet the current eligibility criteria, would have such status renewed until not later than October 31, 2017 by the Office of the Refugee Commissioner.

Those holders whose THP-n status expired and was not renewed due to the current review which was taking place since the end of October, are to contact the Office of the Refugee Commissioner should they wish to renew their status, provided that all eligibility requirements previously in place, are met.

Review would not have an adverse impact on current holders of such status who face genuine humanitarian issues

Failure to present such documentation means that the individual in question will continue to be considered as a failed asylum seeker. This is without any prejudice to the migrant's right to apply for an employment licence with Jobsplus, as per current procedures already in place.

Those failed asylum seekers who are current holders of Temporary Humanitarian Protection-n, who, for genuine and manifest humanitarian reasons require some other form of protection, could make a request for Temporary Humanitarian Protection with the Office of the Refugee Commissioner.

This status may be granted on a case-by-case basis to applicants for international protection who do not qualify for refugee or subsidiary protection, but who likewise, could be awarded protection on the basis of humanitarian reasons.

It is therefore not considered that the discontinuation of Temporary Humanitarian Protection-n would have an adverse impact on current holders of such status who face genuine humanitarian issues.

The ministry said the detention of a number of irregular immigrants by Immigration Police this week is completely unrelated to the review of this status hereby discussed. Those currently detained are not in possession of this or any other status.

A clear path towards destitution - NGOs

The government's plans announced today constitute a regression of fundamental
human rights for some, and a clear path towards destitution for most, a statement by the NGOs released this afternoon said.  

They reiterated their appeal that migrants who are, by the State's own admission, non-returnable through no fault of their own, be offered the possibility to regularise their status in Malta thereby acknowledging their contributions, securing a dignified life and supporting various economic sectors.

The scheme will require hundreds of men, women and children to comply with requirements the ministry knows they are unable to meet

"The many years they spent working in Malta as employees or employers, forming relationships, paying their fiscal contributions, renting homes and in many cases supporting entire communities in their countries of origin, will suddenly be erased."

The scheme will require hundreds of men, women and children to comply with
requirements the ministry knows they are unable to meet, including procurement of identification documentation and the labour market test.

The ministry knows too well that for many these requirements are simply impossible to fulfill, as several countries of origin refuse or are unable to provide these documents.

In being denied access to healthcare that is beyond emergency, social support and all that is dependent on identity documentation, they will be effectively rendered destitute and subject to further exploitation and abuse.

"This is unacceptable, and we believe the ministry is failing to appreciate the human, social and economic repercussions of its decisions," said the NGOs who also distributed to the media a detailed paper discussed with the ministry.

The statement was signed by Aditus foundation, The Critical Institute, Foundation for Shelter and Support to Migrants, Gender Liberation, Integra Foundation, International Association for Refugees, JRS Malta, Malta Emigrants’ Commission, MGRM, Moroccan Community in Malta, Moviment Graffitti, Organisation for Friendship in Diversity, the People for Change Foundation, the Platform of Human Rights Organisations in Malta, SOS Malta and Spark 15.

 

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