Compendium of asylum jurisprudence, law & policy

Timeframe:

1 April 2017 – 31 March 2018

Supported by:

This project has been funded through the Small Initiatives Support Scheme managed by the Malta Council for the Voluntary Sector.


Background

The project involves the writing and publication of a Compendium of Maltese legislation, policy and jurisprudence in the field of asylum and migration. This would be the first legal publication which would focus on purely national asylum legislation and would gather the large collection of key Maltese court judgments in the field of asylum which would include detention, review of appeal decisions on merit, Constitutional applications and also procedural issues.

Throughout the past years the volume of asylum related laws, policies and jurisprudence have enriched the Maltese legal system, however it remains an extremely complex and ambiguous field for practitioners, volunteers and students alike. The lack of legal academic publications focusing on national law and case-law in general remains a problem for most practitioners.

Throughout years of experience lawyers working in NGOs and in the private sector have amassed a large amount of information and case-law under their belt. By collecting this information in an easily accessible and clear publication, the aim is for improved legal knowledge that would benefit one of the most marginalised groups in Maltese society.

Improved knowledge would ultimately result in better informed lawyers and an improved access to justice for asylum seekers and beneficiaries of international protection. The publication offers the tools to enforce their rights, access to the best information available and access to the national courts.

aditus believes that access to justice is of fundamental importance for any individual and is an essential component of the rule of law, specifically when a right is violated or damage is caused. Such access can only be effective when legal professionals, adjudicators and members of the judiciary are aware of the legal provisions and the case-law interpreting such provisions.

Ultimately the Compendium aims to address the knowledge gap that exists in the sector of asylum and immigration.

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