Issue link: https://maltatoday.uberflip.com/i/747633
maltatoday, SUNDAY, 6 NOVEMBER 2016 News 3 MIRIAM DALLI BENEFICIARIES of the protection status known as 'Temporary Hu- manitarian Protection (new)' and human rights NGOs have been left in the dark over a review of the pro- cess that is underway since a new Commissioner for Refugees took over. Information of what the review entails has left several failed asy- lum seekers clueless as to how the changes will affect their future. Lawyer Katrine Camilleri, direc- tor of the Jesuit Refugee Services, and Neil Falzon, of aditus founda- tion, told MaltaToday that the re- view was completely new to them. Introduced in 2010, THP-n was described by the then Refugee Commissioner, Mario Guido Frig- gieri, as "an ex gratia type of protec- tion" that was left up to the com- missioner's discretion to grant to failed asylum seekers who had not been deported from Malta. It now appears that upon taking office, recently-appointed Refugee Commissioner Martine Cassar, launched a review of THP-n. "The Refugee Commissioner is currently reviewing THP-n," a spokesperson for the Home Affairs Ministry would only say, in reply to questions sent by MaltaToday to explain what the process entails. Asylum seekers whose status is protected by temporary protec- tion have contacted MaltaToday expressing their concern over the uncertainty which this is creating: THP-n grants beneficiaries a form of protection – but not a legal sta- tus – which gives them a residence permit and a work permit, mak- ing it possible to join the labour market, and therefore minimising abuse by employers. However, being temporary, THP- n is valid for 12 months and is re- newed at the discretion of the Refu- gee Commissioner. "Since it's not stable, we have been calling for a review of the THP-n for a number of years now," Fal- zon said, adding that any changes should aim at making it more reli- able. Falzon, who urged the Home Af- fairs Ministry to open dialogue with human rights organisations, said NGOs would like to sit down with the Refugee Commissioner and the Minister to discuss how the review could be a change for the better. Katrine Camilleri urged the policy makers to take into consideration how the changes will affect a large number of people. "Clarity is of the essence: right now people don't know whether the change is going to be for the better or for the worse and these fears need to be addressed. What are the changes going to mean in practice?" she asked. Lives, she added, depended on it. The Refugees Act provides for the recognition of two forms of protec- tion: refugee status and subsidiary protection status, following the submission of an application for the recognition of international protection. When an asylum applicant fails to qualify for refugee status or subsidiary protection, it is up to the Refugee Commissioner, at his discretion, to recommend on a case-by-case basis the granting of THP-n. Such cases would involve unac- companied minors, or individu- als who cannot be repatriated on medical or other humanitarian grounds. It can also be applied for former applicants for international protection who cannot be returned to their country of origin due to le- gal or factual reasons and through no fault of their own. It entitles the beneficiary for a one-year special leave to remain in Malta and is renewable on a yearly basis. This recommendation is not subject to appeal. THP-n entitled the beneficiary to the same rights as those granted to beneficiaries of subsidiary protection. Up until the end of 2010 the Office of the Refu- gee Commissioner processed 555 applications. Review of temporary humanitarian protection leaves beneficiaries in the dark "Clarity is of the essence: right now people don't know whether the change is going to be for the better or for the worse. These fears need to be addressed"