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MALTA
1. INVOLUNTARY RETURN
1.1 POLICY
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MALTA
Managing irregular migration, particularly of persons arriving by boat from the Middle East and
Africa bound northwards, preoccupies the Maltese immigration and police authorities. Controlling/patrolling
the island’s coastline and managing the closed reception centres (hosting up to
800 persons in 2002) heavily engage the country’s police and refugee processing resources.
In 2002, the Maltese authorities reported a noticeable increase in the number of irregular
migrants and asylum seekers landing in Malta, 1 which is overwhelming national resources, also
given the country’s high population density (second only to Hong Kong’s). That year, a total of
1,542 persons arrived in Malta on board 19 fishing boats – mostly via Libya. 2 Countries of origin
of these irregular migrants vary considerably, most however hail from Africa and the Middle
East. Many of the migrants, came in family groups, and had not expected to become stranded on
the Maltese shores on their passage further north.
As many of the migrants stranded on Malta eventually seek asylum once apprehended, they are
required to stay at reception centres until the Refugee Commission assesses their situation. The
Refugee Commission case processing capacity in 2002 was about 30 cases per month (with an
overall demand of about five times that number).
1.2 LEGISLATIVE INSTRUMENTS AND PROCEDURES
As of 2001, asylum in Malta has been regulated by the Refugee Act – Chapter 420 of the Laws
of Malta. Prior to its adoption, although Malta had ratified the 1951 Geneva Convention and
1967 Protocol, it applied the geographical reservation of Article 1B(1)(a) of the Convention.
This geographical restriction was lifted on 13 December 2001 and after a brief trial period,
Malta took charge of the management of asylum seekers in January 2002.
Immigration Act of 1970 Chapter 217 of the Laws of Malta, and amended in 1972, 1981,
1982, 1983, 1988, 1989, 1990, 1995, 2000 and 2002. Admission requirements are listed in
Article 5 of the Immigration Act. Article 22 contemplates deportation orders.
The 2002 amendment envisages lighter administrative procedures on returns; the most relevant
provision under this amendment is that of 8 December 2002, illegal migration is no longer
considered a criminal offence in Malta. The Immigration Act defines a “prohibited migrant” as