Cap. 420 Art. 17ATemporary humanitarian protection.

(1) The International Protection Agency may declare that temporary humanitarian protection is granted to an applicant for international protection who does not qualify for refugee status or subsidiary protection status, but who is deemed to qualify for protection on humanitarian grounds. Such temporary humanitarian protection may be granted to:

(a) an unaccompanied minor who cannot be returned to his country of origin pursuant to the principle of the best interests of the child;

(b) an applicant who is terminally ill or suffers from a severe or life-threatening medical condition that cannot be treated in the applicant’s country of origin or in the country of former habitual residence for persons who are recognised as being stateless, or if treatment is available, he would not have access to such treatment; and

(c) to an applicant who cannot be returned in view of other humanitarian considerations. Such considerations may include, cases of serious inter alia, disability that significantly affect the applicant’s ability to conduct a normal life:

Provided that a third country national or a stateless person is excluded from being eligible for temporary humanitarian protection where there are serious reasons for considering that:

(a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes or is a person who instigates or otherwise participates in the commission of such crimes; or

(b) he has committed a serious crime; or

(c) he has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations; or

(d) he constitutes a danger to the community or to national security: Provided that paragraphs (a), (b), (c) and (d) shall also apply to persons who instigate or otherwise participate inthe commission of the crimes or acts mentioned therein: Provided further that the decision concerning the granting of temporary humanitarian protection shall be given in conjunction with the formal determination that the applicant does not meet the criteria of a refugee or a beneficiary of subsidiary protection under this Act: Provided further that temporary humanitarian protection may also be considered in respect of applicants whose application has been rejected by a final decision, who make a request for temporary humanitarian protection and who fall under one of the grounds listed in sub-article (1): Provided further that no appeal shall lie from a decision by the International Protection Agency not to grant temporary humanitarian protection.

(2) The status may be revoked, ended or not renewed whenever the conditions under which it was granted no longer subsist, or if after being granted temporary humanitarian protection, the beneficiary should have been or is excluded from being eligible for temporary humanitarian protection in accordance with sub-article (1):

Provided that the International Protection Agency shall be empowered to set up the necessary procedures to ensure that an applicant qualifies for temporary humanitarian protection and that he still meets the necessary eligibility criteria:

Provided further that the International Protection Agency may revoke, end or refuse to renew this status when it is established that a beneficiary of temporary humanitarian protection did not originally meet the criteria to be eligible for this status:

Provided further that no appeal shall lie from a decision by the International Protection Agency to revoke, end or not renew temporary humanitarian protection.

(3) A decision of the International Protection Agency declaring an applicant for international protection, a beneficiary of temporary humanitarian protection shall be without prejudice to the right of the applicant to appeal against the decision not to grant refugee or subsidiary protection status.