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

persons under temporary humanitarian protection (usually European refugees) are granted a
renewable three-month visa. In both cases, such visas are renewed for as long as necessary.
Asylum Bill
According to Section 8(7) and (8) of the Asylum Bill, the Refugee Commissioner – i.e. the
responsible body for examining all asylum applications and for making recommendations to the
Minister of Home Affairs as to whether they should be accepted or rejected (see “Determination
procedure” below) – may recommend that a person who does not satisfy the conditions defining
recognition as a refugee, be granted humanitarian protection. In practice, the person will be
issued with a renewable temporary visa until he/she can return home or settle in another country.
Temporary protection ceases when the Minister considers, after consultation with the Refugee
Commissioner, that it is no longer necessary.
Rejection at the border/entry into the country
Current situation
When an alien claims asylum at the border, the border police inform the Principal Immigration
Officer. Asylum claims submitted by non-European applicants are then referred to the Emigrants’
Commission in its capacity as a UNHCR partner agency.
A UNHCR-trained representative from the Emigrants’ Commission proceeds to the border in
order to interview the applicant. The claims are then forwarded to UNHCR. The Maltese
immigration authorities usually keep the applicant in custody at the airport until a UNHCR
decision has been made.
Asylum Bill
According to Section 8(1) of the Asylum Bill, an alien seeking asylum at a point of entry must be
interviewed by an immigration officer as soon as possible. The officer must inform the applicant of
his/her right to submit a formal application for asylum to the Refugee Commissioner and to
consult UNHCR.
In accordance with Section 10(1), an asylum seeker may not be removed from Malta before
his/her application has been finally determined and he/she must be allowed to enter or remain in
Malta pending a final decision. In addition, Section 9 explicitly prohibits refoulement in the same
terms as in Article 33 of the Geneva Convention.
The Asylum Bill does not include any provisions for an accelerated border procedure.
Submission of the application
Current situation
The Emigrants’ Commission is UNHCR’s Operational Partner regarding the screening and
examination of applications submitted by non-European asylum seekers in Malta. (see
“Determination procedure” below). The Operational Partner’s contract with UNHCR is reviewed
and renewed every year, according to the caseload. The main part of the funds paid by UNHCR
according to the contract goes towards the subsistence of refugees. The rest covers, in part, the
administrative expenses incurred. The Emigrants’ Commission receives no subsidy from the
Maltese authorities.
The Commission has not been given official responsibility by the Maltese authorities to screen the
European applications, and thus the Commission does not examine such applications
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Malta