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Luxembourg has integrated in the protection system the European legal framework on protection.
However, besides the international protection (refugee status and subsidiary protection status) and the temporary protection statuses, the Luxembourgish legal system foresees two humanitarian statuses which are:
a) residence permit for private reasons based on serious humanitarian grounds;
b) the postponement of removal based on medical reasons.
In regard to the latter, there are the following steps: 1) the postponement of removal can be granted and renewed for up to 24 months; 2) after 2 years, if the medical condition persists, an authorisation of stay for medical reasons may be granted and a residence permit for private reasons may be issued.
However, it is important to stress at this point that the Luxembourgish authorities do not consider the two aforementioned residence permits issued according to articles 78 (3) and 131 (2) of the Immigration
Law as “protection statuses” as such, but precisely as residence permits issued to the applicant.
The granting of these two “protection statuses” are based on the discretionary power of the Minister in charge of Immigration and Asylum. The residence permit for private reasons based on humanitarian grounds (Status A of this report) allows for the Minister to grant an authorisation to stay in the country to an irregular migrant if s/he is in in need to stay based on humanitarian reasons of exceptional circumstances. There is not an exhaustive list of reasons on which the Minister can base his/her decision. However, there is an exhaustive analysis of the reasons advance by the applicant.
Any third country national irregularly staying on the territory can apply for this residence permit.
However, in the case of rejected asylum seekers, the application will be rejected if the applicant advances the same reasons that s/he advanced during the international protection procedure.
On the contrary, the residence permit for medical reasons requires that, in the first stage, the applicant had received a return decision and an order to leave the territory. In order to obtain the residence permit, he/she has to obtain first a decision for a postponement of removal for medical reasons that has to be renewed for two years before the applicant can file the application for the residence permit based on medical reasons. This residence permit is not granted automatically and if the applicant does not file his/her application after expiration of the postponement of removal for medical reasons after two years, s/he will be precluded and the return decision will be executed, except if s/he proves that s/he cannot be returned for medical reasons. In this case, the entire procedure will have to start again.
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