5-year Schengen Entry Ban issued against a young mother for overstaying 21 days

Katerina’s Story

Facts

Katerina*, a Macedonian national and single mother of two young children, entered Malta legally and applied for a work permit in 2016. She was legally allowed to stay in Malta until a decision on her application and subsequent appeal was taken. Throughout that year, her two minor children aged four and six were attending school in Malta and finished their scholastic year in June 2017.

The whole process ended with a final rejection one year later in the beginning of July 2017, after which she voluntarily bought three plane tickets to return to her country mid-July. She overstayed in Malta for merely 21 days, in order allow her children to finish their scholastic year and to get things packed.

On the day of her flight, she was stopped by Immigration Police as she and her children were boarding the plane at Malta International Airport. An Immigration Police Officer issued a Return Decision accompanied by a Removal Order, together with a Schengen re-entry ban** of five years. She was then asked the by same Officer to sign a paper waiving her right to appeal as she was told that if she didn’t sign it then her return might be delayed.

At at that point, Katerina was being held by Immigration Police, pre-flight with her two minor children and was afraid of being held for longer periods of time at the airport. She was in an extremely vulnerable position. She signed the document and returned to Macedonia.

As a result of this, our client was banned from entering the European Union for 5 years, irrespective of the reason for travel. She was offered a web design job in Berlin which she had to decline due her ban and she could not travel even for tourist purposes with her children in Europe.

Our role

  • We filed an appeal with the Immigration Appeals Board (IAB) on the basis of the fact that our client was returning voluntarily, that there was no individual assessment that took into account that she only overstayed for a short period, and that she did not pose a public security risk. In our appeal we requested the IAB to withdraw the ban on re-entry. Our client received a negative decision from the IAB 15 months later.
  • We corresponded with Immigration Police for over 12 months, requesting a lifting of the ban. The ban was finally lifted by Immigration Police after two years.
  • We filed a complaint before the EU Commission for a breach of EU Law, namely Article 47, the right to an effective remedy, of the Charter of Fundamental Rights and Articles 7(1), 11(2) and 13(1) and (3) of the Returns Directive (2008/115/EC). This complaint is currently ongoing.

Results

  • Our client can now freely travel to and take up employment in all European Member States with her two minor children.
  • DG Migration and Home Affairs within the European Commission is examining the complaint in order to determine whether infringement proceedings should be opened against Malta.
email from client after lifting of the ban

For more information contact Carla on carlacamilleri@aditus.org.mt.

* Her name has been changed to protect her identity.
**Schengen re-entry ban: a decision prohibiting entry into and stay in the territory of European Member States. 


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UN High Commissioner for Human Rights urges Malta to reconsider the charges against the 3 El Hiblu migrants

Taken from the OHCHR website, 7 May 2019.

We call on the authorities in Malta to reconsider the terrorism charges laid against three teenagers who were arrested on 28 March following the docking of the El Hiblu I commercial vessel in the country.

The charges relate to an incident that occurred at the end of March, when some 100 migrants attempting to flee Libya were rescued in international waters by a commercial vessel that was en route to Libya. The vessel reportedly rescued the migrants and initially informed them that they would be taken to Europe but then turned around to head back to Libya. The migrants protested in desperation and the ship was steered again toward Malta. The accused, aged 15, 16 and 19, have been charged under Maltese laws for allegedly hijacking the ship and forcing it to go to Malta. Some of the charges are punishable by life imprisonment. We understand that the three are due to appear in court on 20 May.

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Support our legal work!

Click to support us!

Your donation will allow us to:

  • provide, for free, legal information and advice to persons who are are unable to pay a private lawyer or who are unable to obtain a Government Legal Aid Lawyer;
  • file cases before the Courts of Law. Your donation will allow one of our lawyers to prepare, file and follow up the Court application;
  • pay interpreters to allow us to communicate with some of our clients;
  • seek sources of funding that require us to provide a share of the total project amount (so-called ‘co-financing requirement’);
  • pay our monthly office rent, without which we’d be a homeless NGO!
  • keep our staff and interns warm in winter, cool in summer!
  • remain connected to the Internet…and over the phone!

Working together to combat racism in Maltese football

When issuing licenses for teams to participate in European competitions, the Malta Football Association must ensure that football clubs comply with a number of standards issued by the Union of European Football Association (UEFA). One of these requirements is that clubs actively combat racism. David Abulafia, an English historian, refers to the Mediterranean as “probably the most vigorous place of interaction between different societies on the face of this planet” which highlights the importance of such initiatives.  

A 2017 study conducted by Johann Caruana questioned whether footballers experience racism in Malta. He found that “Malta is another Mediterranean country in which football racism is present”. He interviewed ten athletes, nine of whom confirmed this reality. One of the respondents claimed that racism in Maltese football is subtle and labelled it, “not a nice nothing”, while other respondents described it as being, “something disturbing”.

On 6 April Malta FA teamed up with us to conduct a session discussing racism in football with local football clubs. The session started with Peter Busuttil, representing Malta FA, giving an overview of the various initiatives and projects implemented by Malta FA, such as All In – All for Football. Peter also underlined how some of Malta FA’s previous initiatives have also been recognised by UEFA for best practice amongst all the other European football associations.

The most prominent football teams on the island were present. Their representatives came with a positive attitude showcasing their goodwill and genuine love for the sport. In fact, they participated wholeheartedly in the conversation showing that such opportunities to voice their opinions are sorely needed.

Although everyone recognised the fact that racism is present in Maltese football, they held that such an attitude is not coming from within the administration of the respective football teams. They commented that racism in football is simply a reflection of a wider sentiment present in today’s society.



The discussion then veered towards establishing a proper definition of racism and what practices should be prohibited with club premises and activities. Some argued that jokes in the locker-rooms should not be considered racist as they are endemic to every team and necessary in order to have a united group of players.

Our Director (Neil), acting as discussion facilitator, recognised such dynamics whilst explaining typical minority/majority power dynamics, cautioning  that a player might choose not to show his true emotions in order to avoid being alienated from the group. Most representatives agreed with this point and highlighted the fact that it should be the manager’s responsibility to make sure that players respect each other.

Another interesting point was raised by a representative of the Maltese Youth FA. She pointed out that there are a number of conditions which a young player must satisfy before being allowed to participate in a competitive match. This might result in excluding some youth players from taking part in the sport, particularly young people from disadvantaged contexts such as refugees and migrants.

During the session we learnt that, in Malta, we also have a Match Observer role with a number of responsibilities. One of these is to note and report any racial discrimination or abuse occurring during the match. The Match Observer present during our discussion stated that, whilst during last year’s season there were five reported incidents, this year there was only one reported incident. However, the Match Observer clearly expressed the fact that racism in Maltese stadiums is present, claiming that “ir-razziżmu huwa lampanti”.

It was clear throughout the sessions that both the Malta FA and local football clubs firmly oppose all forms of racism and recognise that it is in their interests for such attitudes to be abolished. Enforcement remained a disputed issue, with the clubs underlining the challenges posed by a system that requires them to monitor their fans’ behaviour during a football match. They also pointed out that identifying the perpetrators of racial chants is complicated since in most cases fans from different clubs sit in the same stands.

We are extremely happy to have collaborated with Malta FA on this important initiative.

It underlined the need for all stakeholders to continue this dialogue in order identify the best way to prevent and tackle racism in football.

We look forward to maintaining this engagement with Malta FA, as we believe in the power of football to bring about social change and to foster refugee and migrant integration.

Neil Falzon, aditus foundation Director

Our Director, Neil, talking about the need for football clubs to have clear rules on what is and what is not acceptable on their premises.