THPn: ‘New administrative details’ to be announced

Although it is currently suspended – available only to those who already have been granted the status – Home Affairs Minister Carmelo Abela said benefits enjoyed under the status remain active

Home Affairs Minister Carmelo Abela
Home Affairs Minister Carmelo Abela

The government is set to announce “new administrative details” in connection with THPn (Temporary Humanitarian Protection – New), a status granted to failed asylum seekers.

Although it is currently suspended – available only to those who already have been granted the status – Home Affairs Minister Carmelo Abela said benefits enjoyed under the status remain active.

He also said that “new administrative details” will be announced in the coming days, or weeks.

THPn was first introduced in 2010, by means of a policy decision of the then Home Affairs Ministry. This regularisation is granted in cases where these people cannot be removed from the country, but are allowed a one-year, renewable residence permit subject to documented evidence of “their integration efforts and employment history in Malta”.

There are currently around 1,300 people with THPn. While all had their asylum claims rejected at appeal stage, they remain in Malta because the authorities have not been able to return them, through no fault of their own.

In many cases, this is due to the lack of diplomatic relations between Malta and the state of origin and lack of cooperation from national authorities in the migrants’ state of origin.

Government’s notice that the THPn would be suspended left many in limbo, unsure of their future.

Abela has now dispelled suggestions that come October 31, migrants’ failure to meet new requirements would result in them being deported. The requirements mean migrants need to make arrangements to procure all the required documentation from their country of origin. Human rights NGOs believe that the government is imposing requirements which it knows the migrants will not be able to meet.

“For migrants to be deported, they need legal documentation and their country of origin to accept them,” the minister said.

He then went on to add that “new administrative details” will be announced.

“Irrespective of whether it’s called THPn or something else, those who today enjoy THPn will continue to enjoy the benefits that come with it. We will soon announce how things will be carried out.”

When the government late last year decided to detain a group of migrants from Mali, with plans to deport them, many of them had been in Malta for at least 10 years. The documents never came through from Mali, and three months later they were released.

“I can sympathise with these persons, but my sympathy alone won’t lead anywhere,” Abela said, asked whether there should be a cut off point for deportation orders.

“This is a grey area that needs to be tackled on a European level,” he added, of failed asylum seekers who remain in a country because the authorities won’t manage to deport them.

“If we’re working for a common European law we can’t have different countries employing different methods. Likewise, we can’t send the message that you can enter irregularly and your position will be regularised.”