legal and social conditions for asylum seekers and refugees in ...

MALTA
LEGAL CONDITIONS
The legal basis
– The Geneva Convention of 1951 and the New York Protocol of 1967, which Malta ratified in
1971. Malta applies the geographical reservation of Article 1B(1)a of the Geneva Convention.
– The Immigration Act (Laws of Malta, Immigration Act, 1970, Chapter 217);
Given Malta’s above-mentioned geographical reservation, non-European asylum seekers cannot
have their application for asylum processed by the Maltese authorities and are therefore placed
under UNHCR mandate. European asylum seekers are able, in principle, to submit their
application to the Maltese authorities. However, in practice Malta does not yet have any asylum
legislation and therefore there is no determination procedure as such.
On 29 December 1999, the Maltese Government published the Bill No. 46 entitled “An Act to
make provisions relating to and establishing procedures with regard to refugees and asylum
seekers” (the Asylum Bill). The bill is expected to be adopted in Parliament in the course of 2000
and the first Maltese Asylum Act should enter into force following its enactment. Although not
mentioned in the bill, the Maltese Ministry of Home Affairs has repeatedly declared that the
geographical reservation would be lifted once the bill becomes law.
The present chapter includes information on the current situation as well as a description of the
Asylum Bill’s main provisions. Information on the future Asylum Act will be available from the
Emigrants’ Commission at a later stage.
Refugee Status
Current situation
European asylum seekers may, in principle, be granted refugee status by the Maltese authorities
based on the Geneva Convention. However, due to lack of legislation, there has not yet been a
case where a person was officially granted refugee status.
Non-European asylum seekers have their application examined by UNHCR and may be granted
Convention status under UNHCR mandate. Mandate refugees are issued with a temporary leave
to remain, which allows them to stay in Malta on a lawful basis until they can be resettled
elsewhere.
Asylum Bill
The Asylum Bill only provides for the granting of Convention status. A “refugee” is defined under
the same terms as in Section 1A of the Geneva Convention.
Other types of residence permit
Current situation
Special leave to remain temporarily may be granted according to the provisions of the
Immigration Act. UNHCR Mandate refugees are granted a renewable six-month visa, whereas
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Malta