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

Rejected asylum seekers
Applicants who have applied for asylum after being caught illegally in Malta or after a removal
order is issued against them are kept in detention until departure.
Those who have applied for asylum while they were legally in Malta are expected to leave the
country as soon as possible after the rejection of their application. If they fail to do so, they may
be charged with overstaying and served with a removal order and risk being detained until
departure.
There is no time limit for detention. Removal orders can only be issued by a judge, following
formal hearings during which the accused has the right to be assisted by a lawyer.
Family Reunification
Statistics
Refugees under UNHCR Mandate can submit a request for family reunification. Really deserving
cases are viewed positively.
According to Section 11(2) of the Asylum Bill, a refugee’s dependent family members, who are
already in Malta when the status is granted or who join him/her later, will enjoy the same rights
and benefits as the refugee. The bill does not include any definition of a family member for family
reunification purposes or any provisions regarding the procedure to be applied.
Number of applications for asylum
No. of asylum applications submitted in Malta
No. of cases No. of adults No. of children Total no. of persons
1995 166 182 53 235
1996 50 68 25 93
1997 79 73 19 92
1998 167 174 29 203
1999 247 311 84 395
Number of asylum seekers and recognised refugees
No. of UNHCR Mandate refugees still living in Malta at the end of the year
No. of cases No. of adults No. of children Total no. of persons
1995 164 221 87 308
1996 155 203 82 285
1997 123 164 69 233
1998 121 153 51 204
1999 95 120 44 164
The number of asylum seekers and refugees registered with the Emigrants Commission at the
beginning of the year 2000 was 378, including 314 adults and 64 children, originating from 27
countries. This figure includes:
– recognised refugees under the UNHCR Mandate;
– asylum seekers awaiting a reply from UNHCR (first instance or appeal);
– asylum seekers of European origin asking for temporary protection in Malta;
– asylum seekers whose application for refugee status was rejected but who cannot return to
their country of origin.
200
Malta