Health Entitlement to Refugees/Migrants

1. Status: Before applying for protection

Definition: This refers to the period between when a third country national (TCN) or stateless person has disembarked following a SAR (Search and rescue) operation and the time when that person applies for international protection.

Rights (re health entitlement): These persons are entitled to emergency healthcare and essential treatment of illnesses, including of serious mental disorders.

2. Status: Asylum-seeker/applicant for international protection

Definition: a third country national (TCN) or a stateless person who has made a request for protection in Malta, in respect of whom a final decision has not yet been taken.

Documents: In possession of an Asylum-seekers Document issued by the International Protection Agency.

Rights (re health entitlement): These persons are entitled to emergency healthcare and essential treatment of illness and of serious mental disorders. Also, necessary medical or other assistance shall be provided to applicants who have special reception needs, including appropriate mental health care where needed.

3. Status: Refugee Status

Definition: a third country national or a stateless person who has been recognised as a refugee in Malta in line with Article 1 of the 1951 Geneva Convention.

Documents: In possession of a protection certificate (valid for three years) issued by the International Protection Agency stating that the person has been granted refugee status in Malta, and a residence permit issued by Identity Malta also valid for three years.

Rights (re health entitlement): Persons who are awarded refugee status are entitled to receive State medical care.

Family members of a person granted refugee status, if they are in Malta at the time of the decision or if they join him in Malta, enjoy the same rights and benefits as the refugee so that family unity may be maintained.

4. Status: Subsidiary Protection Status

Definition: a third country national or a stateless person who has been granted subsidiary protection in line with Article 15 of EU Directive 2011/95/EU

Documents: In possession of a protection certificate (valid for three years ) issued by the International Protection Agency stating that the person has been granted subsidiary protection status in Malta, and a residence permit issued by Identify Malta also valid for three years.

Rights (re. health entitlement): Persons granted subsidiary protection status are entitled to receive State medical care.

Family members of a person granted subsidiary protection, if they are in Malta at the time of decision, enjoy the same rights and benefits as the person enjoying subsidiary protection status so that family unity may be maintained.

5. Status: Temporary Humanitarian Protection (THP) Status

Definition: a third country national or a stateless person who is found not be eligible for refugee status or subsidiary protection status, but who is nonetheless considered to be in need of protection due to special humanitarian reasons.

Documents: In possession of a protection certificate (valid for one year) issued by the International Protection Agency and a residence permit issued by Identity Malta also valid for one year.

Rights (re health entitlement): Persons granted Temporary Humanitarian Protection status are entitled to receive State medical care.

6. Status: Failed Asylum-seeker/Rejected

Definition: a third country or a stateless person who is found not eligible for refugee status or subsidiary protection status, or Temporary Humanitarian Protection Status.

Documents: In possession of an immigration booklet (yellow colour and the size of a passport) issued by the Immigration Police.

Rights (re health entitlement): These persons are entitled to life saving medical assistance.

7. Status: Appellant from a decision by the International Protection Agency (Asylum Seeker/applicant for international protection)

Definition: a third country or a stateless person who is found not eligible for refugee status or subsidiary protection status, or Temporary Humanitarian Protection Status by the International Protection Agency and who has appealed the decision before the International Protection Appeals Tribunal.

NB – The legal status of appellants reverts to that of asylum seeker.

Rights (re health entitlement):  These Persons are entitled to emergency healthcare and essential treatment of illness and of serious mental disorders. Also, necessary medical or other assistance shall be provided to applicants who have special reception needs, including appropriate mental health care where needed.

8. Status: Specific Residence Authorisation (SRA)

Definition: Persons whose application for international protection has been finally rejected by the relevant asylum determination authorities may be granted a Specific Residence Authorization after an assessment based on criteria and guidelines has been carried out by Identity Malta in cooperation with the immigration authorities.

Documents: In possession of a document issued by Identity Malta Agency confirming the granting of a Specific Residence Authorization.

Rights (re health entitlement): Access to State medical care according to the Specific Residence Authorization policy of 2020.

9. Status: Victims of Human Trafficking

In terms of SL 217.07 Para 5 (II) and (IV) victim of trafficking are entitled emergency medical care and psychological care. This status could be identified on presentation of a valid residence card on which the following statement is written “SL 217.07 tapplika f’dan il każ”.

10. Status: Ukraine Displaced Persons – Temporary Protection Status (2001/55/EC)

Definition: Persons displaced from Ukraine on or after 24th February 2022 and the family members who were already present and residing in Ukraine before 24th February 2022 (Temporary Protection Directive – 2001/55/EC).

Documents: In possession of a valid Temporary Protection certificate.

Rights (re health entitlement): Access to medical care (including, as a minimum, essential emergency care and essential treatment of illness).