UNHCR publishes Guidelines on Temporary Protection and Stay Arrangements

Monday, March 3, 2014

On 14 February UNHCR published their Guidelines on Temporary Protection or Stay Arrangements (TPSAs). The provision of TPSAs is ‘an appropriate multilateral protection response to humanitarian crises, including large-scale influxes, and complex or mixed population movements, particularly in situations where existing responses are not suited or adequate’. It is ‘a form of protection that provides immediate protection from refoulement and basic minimum treatment’. According to the guidelines, invoking a TPSA should compliment, rather than replace, the existing international refugee protection regime, especially when more favourable protection, such as refugee status or subsidiary protection, is suitable. The granting of temporary protection should not be used to subsequently ‘encourage premature return’ and is inadequate if stay is prolonged.

The guidelines explain the background to, common understandings about, and scope of TPSAs. Recommendations are then provided on what TPSAs require with regard to entry and reception and minimum standards of treatment. The transition to alternative statuses, identification of solutions and the termination of TPSAs is considered, and the importance of international co-operation is emphasised.

Read UNHCR’s Guidelines on TPSAs.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.

Temporary protection
international asylum law
international refugee law