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

individually. However, local authorities do seek its advice, and the Commission makes
recommendations based on UNHCR principles and guidelines. In serious cases involving, for
instance, prima facie persecution, action is recommended according to the circumstances and/or
specific advice provided, normally after informal consultations with UNHCR.
Asylum Bill
Asylum seekers arriving at the border or already in the country, whether lawfully or not, have to
submit a formal application to the Refugee Commissioner. If already in the country, the
Commissioner shall require the applicant to attend an interview within one week.
Admissibility and/or manifestly unfounded procedure
Currently, due to the lack of asylum legislation, there is no admissibility and/or manifestly
unfounded procedure. The Asylum Bill does not include any provision for the introduction of such
procedure into Maltese legislation.
Determination procedure: current situation
Asylum applications submitted by European asylum seekers are not processed by the authorities.
The Emigrants’ Commission may make recommendation to the Maltese authorities regarding
such cases. As most European asylum seekers in Malta have fled conflict zones, the Commission
has, in many cases, recommended the granting of temporary protection on humanitarian grounds
by means of a leave to remain temporarily. The Commission’s recommendations are generally
followed by the authorities. In cases involving, for example, prima facie persecution, action is
recommended according to the circumstances.
UNHCR is not directly involved in this procedure, but it is often contacted in order to provide
background information as well as advice on individual cases.
As there is no formal determination procedure, there are no formal rights of appeal. Normally, an
ad hoc solution is sought and applied.
Non-European asylum seekers must submit their application to the Emigrants Commission,
where they are provided with a standard application form. At a later stage, the applicant is
interviewed by a UNHCR-trained officer of the Commission. The file is then forwarded to the
UNHCR Branch Office in Rome for consideration, further verification and determination. The
decision as to whether refugee status is granted or not is given to the applicant through a UNHCR
written reply. A negative decision may be appealed.
The average time for a first instance decision for a refugee status determination under UNHCR
mandate is between two and three months. This may, however, be longer depending on the
circumstances of the cases and the need for the UNHCR staff to carry out a complementary
interview with the applicant.
Periodically, the Emigrants’ Commission presents to the Police authorities a list of asylum
seekers (both European and non-European). Persons whose names are on the list are always
granted the necessary waiting period for a final decision on their application. They are also issued
with an Emigrants’ Commission stamped note identifying them as having applied for refugee
status.
Determination procedure: Asylum Bill
First instance decisions under the determination procedure provided for in the Asylum Bill are
made by the Minister of Home Affairs upon the recommendation of the Refugee Commissioner.
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