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

Legal aid
The Refugee Commissioner is appointed by the Prime Minister, who may also assign public
officers to be members of the Commissioner’s staff if necessary.
The Commissioner examines applications as soon as possible in order to make a
recommendation to the Minister. His/her investigation includes an interview with the applicant in
private, with the presence of an interpreter where necessary. UNHCR has free access to the
asylum seekers during the procedure and may attend the interviews with the Commissioner. The
recommendation forwarded to the Minister, like any decisions made by the Commissioner on any
application, must be in writing and must state the reasons supporting it.
If the Commissioner recommends the acceptance of the application, the Minister must either
grant refugee status to the applicant or appeal against the recommendation (see below). The
Commissioner may also recommend that a person who does not meet the requirements for
recognition as a refugee be granted humanitarian protection.
Either the applicant or the Minister can appeal against the Commissioner’s recommendations to
the Refugee Appeals Board with two weeks of notification. The Appeals Board is composed of
three members appointed by the Prime Minister for three years renewable and chosen amongst
persons who have experience and knowledge in refugee matters. The Chairperson must have at
least seven years of experience as a practising lawyer.
Appeals entered by the Minister to the Refugee Appeals Board have suspensive effect and any
appellant detained in virtue only of a deportation or removal order must be released pending the
appeal decision. Appellants have the right to free legal aid under the same conditions as Maltese
nationals. Where necessary, interpreting services are provided by the Board. Hearings are, in
principle, held in camera, although UNHCR has the right to attend. Decisions of the Refugee
Appeals Board are final and may not be further appealed.
Legal aid is available during the appeal procedure to both European and non-European
applicants.
Interpreters
Interpreters are provided at all stages of the procedure if necessary.
Unaccompanied minors
Detention
So far there has been no case of unaccompanied minor asylum seekers.
According to Section 12 of the Asylum Bill, any minor asylum seekers in need of care must be
allowed to apply for asylum and be given assistance under the terms of the Children and Young
Persons (Care Orders) Act.
Asylum seekers
Non-Europeans who are refused entry to Malta, or are otherwise intercepted while trying to
proceed (via Malta) without the necessary visa to another destination, and who ask for asylum
are kept at the airport until UNHCR makes a decision on their application. Usually, this does not
take very long. Under current Maltese law, such persons are considered as illegal aliens, and
they are allowed to enter Malta only if UNHCR accepts them under its mandate. There have been
a few such cases so far.
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Malta