Question – A Liberian asylum seeker met Central Commission and he was issued humanitarian protection residence papers that expired June 12th 2004. In June this boy went to renew his papers and he was told to go back within two months. At that point papers are not available.
This person keeps on going to police headquarters but papers are never ready. The last time he went to headquarters (February 14th 2005) he was told that his papers were withdrawn because in Liberia conditions changed and the conditions that led to humanitarian protection do not anymore exist.
We wonder whether such papers can be withdrawn on basis of the quoted reasons or not. Can we do anything about the situation? In fact the boy is working and his contract is an open-end
one.
Answer – This question concerns the recently enforced rules (DPR 303 September 16th 2004 – published on Official Gazzete December 22nd 2004) concerning asylum and refugee status.
The provision, which was decided by Central Commission, finds its juridical roots in the new rules for the enforcement of the law.
Central Commission can issue three different kinds of provision:
. recognition of refugee status
. rejection of refugee status
. humanitarian protection (Immigration Consolidated act article 5 paragraph 6). This means that refugee status is denied and that there is no risk of individual persecution, but the lack of respect of human rights in the country is accepted and therefore humanitarian protection is recognised.
Central Commission can recommend the issueing of humanitarian protection residence papers, as well as police can require that the same Commission espresses its point of view each time papers need to be renewed.
There are two consideration that must be kept in mind:
1. Is it lawful that Central Commission considers that living in Liberia is not a problem and a risk anymore and therefore this person could go back home? An appeal could be promoted against the Commission decision
2. The other aspect that must be considered concerns police headquarters’ evaluations. Of course police receives the Commission’s evaluation of the situation but law specifically talks about this. Immigration consolidated act art. 5 paragraph 5 – unchanged by Bossi-Fini law – provides for that residence papers and their renewals are rejected when requisites are missing, in case new elements allow the issueing of papers these should be released.
This means that humanitarian papers should not be renewed on basis of Central Commission evaluation but police headquarters should evaluate whether new elements allow the release of papers, in fact this citizens is employed on basis of an open-end subordinated contract.
This man could not have applied to flows decree though, in dispensation of flows decree and quotas, he could regularly work. Police headquarters should therefore take into consideration all requisites provided for by law to allow residence papers renewal on basis of subordinated labour.
We suggest the interested person to have police evaluate the two apsect we mentioned above, he still is in time to impugn the rejection and appeal to TAR court since the provision was communicated past February 14th 2005 (there is a 60 days time to impugn provisions).
Police headquarters has not communicated the rejection yet therefore this person should formally ask that his papers are renewed on basis of his employment conditions.