No new THP-n certificates for failed asylum seekers will be issued, Carmelo Abela announces

The Office of the Refugee Commissioner will no longer issue Temporary Humanitarian Protection – New (THP-n) while current holders will be able to renew their certificates, provided that all current eligibility criteria is met.

Temporary Humanitarian Protection (THP) will still be granted – this targets applicants for international protection who do not qualify for refugee or subsidiary protection but who could still be awarded protection on humanitarian reasons.

Over the past weeks, the Ministry for Home Affairs and the Office of the Refugee Commissioner launched a review of the THP-n. Introduced in 2010, THP-n was described by the former Refugee Commissioner, Mario Guido Friggieri, as “an ex gratia type of protection”. THP-n did not grant failed asylum seekers a legal title and certificates were issued upon the Commissioner’s discretion.

Pending the review, many beneficiaries were left in the dark, prompting human rights NGOs to call on Minister Carmelo Abela to clarify matters. Earlier this week, the minister met NGOs during which he informed them of the changes to THP-n.

“THP-n status did not originate from any international or national law but was being granted on the basis of an internal administrative policy,” Abela told the NGOs.

The review was carried out together with Identity Malta and Jobsplus and, according to Abela, THP-n is “outside the remit of the Refugee Commissioner”.

As a result of the review, current holders of THP-n, who still meet the current eligibility criteria, will have their status renewed until not later than 31 October 2017 by the Office of the Refugee Commissioner.

Holders whose THP-n status has expired, and who could not renew it due to the suspended service, can now contact the Office of the Refugee Commissioner for renewal.

“The Office of the Refugee Commissioner shall not be issuing any new THP-n certificates,” the Minister said.

Those having their THP-n renewed until 31 October 2017 are to start making arrangements to procure all the required documentation from their country of origin that would allow them to apply with Identity Malta for the issuing of a residence permit to cover their stay in Malta after the 31 October 2017.

The applicants in question would also have to comply with other relevant Identity Malta criteria, including the presentation of a valid employment licence.

{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 his/her right to apply for an employment licence with Jobsplus, as per current procedures already in place,” the ministry said in a statement.

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

Following the lodging of such a request for protection, the assessment will be carried out by the Office, on a case-by-case basis.

This status, which unlike THP-n will be retained, 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 THP-n would have an adverse impact on current holders of such status who face genuine humanitarian issues,” the Ministry said.

Referring to the detention of a number of failed asylum seekers earlier this week, the ministry said that the group was not in possession of THP-n or any other status.