Ukrainian mother, daughter win legal battle over revocation of temporary humanitarian protection

Eleonora Shokur and her daughter Mylana Shokur have successfully overturned the revocation of their humanitarian protection, with a Maltese court ruling that their forced return to Donetsk, Ukraine would endanger their lives and violate their rights. 

Shokur, her husband, and daughter arrived in Malta in 2014 as refugees from the Donetsk region of Ukraine. Initially denied refugee status, they were granted temporary humanitarian protection. For almost a decade, Shokur lived and worked in Malta whilst paying taxes. 

Shokur had applied for international protection as regulated by the law on 20 November 2014 and was refused on 6 December 2014. From that decision there was a right of appeal before the International Protection Appeals Tribunal (IPAT) which right of appeal was not used by the applicant. However, the applicant was granted temporary humanitarian protection after the refusal of international protection.  

In June 2021, the International Protection Agency decided to revoke her protection status, citing that her case no longer merited such support. Shokur’s appeal to the International Protection Appeals Tribunal was dismissed, as the relevant legislation explicitly prohibits appeals against the withdrawal of temporary humanitarian protection. 

Shokur argued that the lack of an appeal mechanism and the absence of a proper hearing violated her fundamental rights under the European Convention of Human Rights. 

The court emphasised that the removal of humanitarian protection would force Shokur and her daughter to return to the Donetsk region in Ukraine, where conditions remain uncertain. 

The judgmenet, handed by Judge Toni Abela, noted “The Court is obliged to consider the best interest of the minor.” Mylana has as spent most of her life in Malta.  The court ordered that their previous protection status be reinstated until the situation in Ukraine stabilises to ensure their safety. The ruling also mandated the return of their identity documents. 

The court criticised the lack of procedural safeguards in the decision to withdraw protection, describing the measure as inconsistent with Malta’s policies supporting Ukraine amid the ongoing conflict. Citing European Court of Human Rights precedents, the judgment stressed that compelling a settled minor to return to a dangerous environment would breach her rights. 

The decision annuls the 2021 revocation of protection and reinstates Shokur and her daughter’s previous status. The court ordered this protection to remain effective until Ukraine’s situation “stabilises and not serve as a danger” to the claimant Shokur, and especially her daughter.