Temporary Protection in European Union
Temporary protection mechanisms are established by States according to their subjective and specific situations.
While in Australia, temporary protection status is granted for persons who displaced because of natural disasters caused by climate changes and migrants; in United States temporary protection status is granted for foreign nationals who as a result of ongoing armed conflicts, temporary effects of environmental disasters and other uncommon and temporary situations in the country of their citizenship, are outside of the country of their citizenship and unable to return because of that such situations would pose a serious threat to their personal safety. [1] Also Canada offers temporary protection to, differently from migrants, certain of foreign nationals who as a result of ongoing armed conflicts, temporary effects of environmental disasters and other uncommon and temporary situations in the country of their citizenship, are outside of the country of their citizenship and unable to return because of that such situations would pose a serious threat to their personal safety. The principle of non-refoulement is recognized and the duration of temporary protection may be extended in considering the conditions of country of origin.
In EU States temporary protection may come out in two different ways. During the process of application for asylum; the State provides temporary protection to the applicant and continue to his/her application procedures as well. The most effective example of temporary protection mechanisms could be shown as the practices that European states carried out in the beginning of 1990s to protect the persons fleeing from the conflicts in Former Yugoslavia. [2] [3]
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences constitute the legal basis of temporary protection in EU refugee law.
Temporary protection is defined as "a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin, immediate and temporary protection to such persons, in particular if there is also a risk that the asylum system will be unable to process this influx without adverse effects for its efficient operation, in the interests of the persons concerned and other persons requesting protection" (Article 2(a))
In Article 2 (d) of Council Directive 2001/55/EC; mass influx means “arrival in the Community of a large number of displaced persons, who come from a specific country or geographical area, whether their arrival in the Community was spontaneous or aided, for example through an evacuation programme.”
The duration of temporary protection shall be one year. Unless terminated by Council Decision, it may be extended automatically by six monthly periods for a maximum of one year.
Obligations of the Member States towards persons enjoying temporary protection are:
- adopting the necessary measures to provide persons enjoying temporary protection with residence permits for the entire duration of the protection,
- providing persons with every facility for obtaining the necessary visas, including transit visas.
- providing a document, in a language likely to be understood by persons enjoying temporary protection, in which the provisions relating to temporary protection and which are relevant to them are clearly set out,
- registering personal data on the person concerned (name, nationality, date and place of birth, marital status, family relationship),
- authorizing, for a period not exceeding that of temporary protection, persons enjoying temporary protection to engage in employed or self-employed activities, subject to rules applicable to the profession, as well as in activities such as educational opportunities for adults, vocational training and practical workplace experience.
Council Directive sets out minimum standards and temporary arrangements for giving temporary protection in the event of a mass influx of displaced persons. United Nations High Commissioner for Refugees (UNCHR) commented to Council Directive that mass influx refers to a condition which the number of persons seeking asylum is so much that assessment procedures of individual claims risk overwhelming the system. [4]
SOURCES
[1]United States of America Immigration and Nationality Act, Section 244, Temporary Protected Status. Syria, El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, and South Sudan are the countries currently designated for TPS.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=556d2d912d556310VgnVCM100000082ca60aRCRD&vgnextchannel=c94e6d26d17df110VgnVCM1000004718190aRCRD
[2]In the framework of the Conclusion of UN General Assembly, UNCHR extended its mandate beyond the refugee definition according to 1951 Convention; for example, by means of involving the persons forced to displace.
[3] Hathaway, James, The Law of Refugee Status, Canada: Butter Worths Publications, 1991, p. 12-13.
[4] Republic of Turkey, Ministry of Interior, UNCHR Turkey, Asylum and Migration Legislation, Başkent Printing House, Ankara, 2005, p.146
While in Australia, temporary protection status is granted for persons who displaced because of natural disasters caused by climate changes and migrants; in United States temporary protection status is granted for foreign nationals who as a result of ongoing armed conflicts, temporary effects of environmental disasters and other uncommon and temporary situations in the country of their citizenship, are outside of the country of their citizenship and unable to return because of that such situations would pose a serious threat to their personal safety. [1] Also Canada offers temporary protection to, differently from migrants, certain of foreign nationals who as a result of ongoing armed conflicts, temporary effects of environmental disasters and other uncommon and temporary situations in the country of their citizenship, are outside of the country of their citizenship and unable to return because of that such situations would pose a serious threat to their personal safety. The principle of non-refoulement is recognized and the duration of temporary protection may be extended in considering the conditions of country of origin.
In EU States temporary protection may come out in two different ways. During the process of application for asylum; the State provides temporary protection to the applicant and continue to his/her application procedures as well. The most effective example of temporary protection mechanisms could be shown as the practices that European states carried out in the beginning of 1990s to protect the persons fleeing from the conflicts in Former Yugoslavia. [2] [3]
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences constitute the legal basis of temporary protection in EU refugee law.
Temporary protection is defined as "a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin, immediate and temporary protection to such persons, in particular if there is also a risk that the asylum system will be unable to process this influx without adverse effects for its efficient operation, in the interests of the persons concerned and other persons requesting protection" (Article 2(a))
In Article 2 (d) of Council Directive 2001/55/EC; mass influx means “arrival in the Community of a large number of displaced persons, who come from a specific country or geographical area, whether their arrival in the Community was spontaneous or aided, for example through an evacuation programme.”
The duration of temporary protection shall be one year. Unless terminated by Council Decision, it may be extended automatically by six monthly periods for a maximum of one year.
Obligations of the Member States towards persons enjoying temporary protection are:
- adopting the necessary measures to provide persons enjoying temporary protection with residence permits for the entire duration of the protection,
- providing persons with every facility for obtaining the necessary visas, including transit visas.
- providing a document, in a language likely to be understood by persons enjoying temporary protection, in which the provisions relating to temporary protection and which are relevant to them are clearly set out,
- registering personal data on the person concerned (name, nationality, date and place of birth, marital status, family relationship),
- authorizing, for a period not exceeding that of temporary protection, persons enjoying temporary protection to engage in employed or self-employed activities, subject to rules applicable to the profession, as well as in activities such as educational opportunities for adults, vocational training and practical workplace experience.
Council Directive sets out minimum standards and temporary arrangements for giving temporary protection in the event of a mass influx of displaced persons. United Nations High Commissioner for Refugees (UNCHR) commented to Council Directive that mass influx refers to a condition which the number of persons seeking asylum is so much that assessment procedures of individual claims risk overwhelming the system. [4]
SOURCES
[1]United States of America Immigration and Nationality Act, Section 244, Temporary Protected Status. Syria, El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, and South Sudan are the countries currently designated for TPS.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=556d2d912d556310VgnVCM100000082ca60aRCRD&vgnextchannel=c94e6d26d17df110VgnVCM1000004718190aRCRD
[2]In the framework of the Conclusion of UN General Assembly, UNCHR extended its mandate beyond the refugee definition according to 1951 Convention; for example, by means of involving the persons forced to displace.
[3] Hathaway, James, The Law of Refugee Status, Canada: Butter Worths Publications, 1991, p. 12-13.
[4] Republic of Turkey, Ministry of Interior, UNCHR Turkey, Asylum and Migration Legislation, Başkent Printing House, Ankara, 2005, p.146
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