Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
1.3 ADMINISTRATIVE AND PROCEDURAL ARRANGEMENTS
Institutions Responsible for Involuntary Return
The Ministry of Home Affairs and the Environment, Department of Citizenship and Expatriate
Affairs have generally been responsible for return matters. However, the Maltese administrative
structure concerning immigration has recently undergone some restructuring, also as a reflection
of the latest changes in the Immigration Act.
Operational Steps for Involuntary Return
In 2002, the Maltese authorities reported returning many irregular migrants, mostly to Egypt and
Morocco, Nigeria, Ghana, Sudan and Pakistan. Due to lack of direct connections to many countries
of origin, and in case of large groups, the Maltese authorities often rely on charter flights, to
return migrants to more than one country.
During 2003, around 1,089 immigrants were returned to several countries, including Libya,
Egypt, Tunisia, Morocco, Sudan, Eritrea, Ukraine and Russia. Among those returned, many had
arrived from north Africa in small boats; some were foreigners found without means to sustain
themselves or overstaying their leave to land.
Irregular migrants are documented by the consular services of their countries, at the request of
the Maltese government. Only the following countries of origin of many irregular migrants
stranded on the island have a diplomatic presence in Malta: Egypt, Tunisia, Morocco, Libya,
PLA, Russia, China. For Nigeria, the embassy of reference is located in Libya and for Ethiopia,
it is in Italy. As a consequence, procuring travel documents for apprehended irregular migrants
has, to-date, been one of the greatest obstacles to the implementation of returns.
Framework Agreements with Countries of Origin or Transit
Malta has made a number of contacts to finalize readmission agreements with countries in northern
Africa. A readmission agreement was signed with Italy on 8 December 2001, which includes
references to third-country nationals and allows transit in the international area of domestic
airports.
Prosecution and Detention Procedures
The names of those foreigners who have been removed or deported from Malta are inserted in a
“Stop List” maintained at the ports of entry; the length of time during which the names remain
on this list is commensurate to the seriousness of the offence committed (Article 24 of the
Immigration Act, Chapter 217 of the Laws of Malta). No stamp is put on the passport of a
foreigner being removed for overstaying. Any foreigner who has left Malta under a removal
order or has been deported and then seeks leave to land or to land and remain, or reside, is
expected to apply for permission in writing and declare his previous circumstances to the Principal
Immigration Officer. He/she may be considered guilty of an offence and liable to a fine
and/or imprisonment for up to six months. Where no crime was committed the ban period is not
envisaged and the person can be authorized to re-enter the country provided he/she fulfils the
requirements established by the Immigration Act.
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