Malta is refusing to grant temporary protection status to Ukrainians who fled their country just before February 24, despite strong European Commission advice to do so.

This is forcing people, including the elderly, to live on the island in limbo.

Some have been told they might want to consider returning to war-torn Ukraine briefly in order to secure temporary protection upon their return here.

While EU law states that temporary protection should be granted to those who fled Ukraine from February 24 onwards, separate guidelines urge member states to also consider granting such a status to those who left just before the Russian invasion.

According to the guidelines, published on March 18, “the Commission strongly encourages Member States to consider extending temporary protection in particular to those who fled Ukraine not long before 24 February 2022 as tensions increased or who found themselves in the territory of the Union or of another third country (e.g. on holidays or for work or family reasons) just before that date and who, as a result of the armed conflict, cannot return to Ukraine”.

The EU’s temporary protection measure is an exceptional rule.

It provides immediate and temporary protection “in the event of a mass influx or imminent mass influx of displaced persons from non-EU countries who are unable to return to their country of origin”.

The directive was triggered for the first time in response to the Russian invasion.

Ukrainians in Malta who have been denied such protection told Times of Malta the authorities turned them away as soon as they learned they had left Ukraine before the date stipulated in the law.

Instead, they have been instructed to apply for international protection, a process that on average takes at least two years.

'We cannot go back just yet'

This was the case for Pavel*, who left Ukraine on February 16, barely a week before the invasion started.

“I left because we knew the war was coming and as a safety precaution,” Pavel, who did not want his full name published for fear of repercussions, told Times of Malta.

“Because we had to quarantine for two weeks before coming to Malta, I left Ukraine on February 16.

“It’s difficult for us to accept that just a few days can make such a difference. Like those who left after us, we cannot go back just yet.”

Three other Ukrainians, including a 65-year-old woman and a 75-year-old man, said they are in the same situation.

15 such cases in Malta

Legal sources who work in refugee law said they estimate there are around 15 such cases in Malta.

Most were being turned away by the International Protection Agency on the spot, with officials telling them they were not allowed to even apply for temporary protection because they left before the stipulated date.

Those who insist on applying are receiving a letter within days informing them that their request has been turned down.

The daughter of the 75-year-old man, Anna*, said her father came to Malta to visit her and her family just a week before the invasion. He hoped to return home soon afterwards but when the war hit, he had no option but to stay.

“My father is very anxious. Applying for international protection procedure is a very complicated process, while temporary protection is a much simpler, straightforward procedure that specifically caters for the situation which the Ukrainians, who had to temporarily leave due to the war, have found themselves in,” she said on behalf of her father, who does not speak English.

“He is constantly worrying… about the war, about his future.”

The 65-year-old woman’s daughter, Sofia*, had similar concerns for her mother.

“My mother should be enjoying her retirement. Instead, she has had to flee her country and now does not even know what her future holds,” she said.

“I can support her because I have lived here for years, but she needs peace of mind right now, not spending years trying to get some sort of status.”

If the Ukrainians applied for international protection, as is being suggested to them by the authorities, they would also have to hand over their travel documents.

This is being seen as yet another blow to those who had no option but to flee, especially since many seem to be holding on to the hope that the war will stop soon and they can return home, a lawyer said.

“I did not come here because I want to move to Malta forever. This is only temporary and I want to go back home,” another Ukrainian, Alexander, said.

“I left just days before, true, but now I cannot go back just yet like the others.”

Returning to war-torn Ukraine and back to Malta

Meanwhile, some Ukrainians are said to be looking into the drastic option of returning to their country briefly and returning to Malta a few days later.

Another lawyer said this was worrying as not only could people be put in danger by returning to a war-torn country but it also suggested abuse of the system.

“Other countries have taken up the commission’s recommendation and issued the temporary protection even to those who left before February 24. In Malta’s case, we’re not talking about thousands of people but around 15,” he said.

“If the authorities want to insist on sticking to their decision, for whatever reason, the least they could do is fast-track their application for international protection and not make them wait around in limbo.”

Times of Malta contacted the Home Affairs Ministry on why the authorities were choosing to ignore the commission’s recommendation but a reply was not forthcoming.

Instead, a spokesman simply said: “Malta is implementing Council Implementing Decision (EU) 2022/382 of 4 March 2022. The latter grants temporary protection to Ukrainian nationals who were displaced from Ukraine on or after 24 February 2022.”

'Decision is final'

Meanwhile, the Malta Refugee Council has held a meeting with the authorities, who insisted the decision to only grant temporary protection to those who left on or after February 24 is “a final one”.

“We strongly urge the International Protection Agency and the Home Affairs Ministry to consider extending the group of persons eligible for temporary protection,” the council said.

“The cut-off date is artificial and excludes groups of persons who are in genuine need of protection.”

Questions sent to the International Protection Agency were not answered. Times of Malta was told to direct questions to the ministry instead.

* Names have been changed to protect the individuals’ identities.