Legal training on European Court cases in asylum

In April, our Legal Officer, participated in a training on case law developed by the European Court of Human Rights (ECtHR) with relevance for asylum law. This was organised by the Academy of European Law (ERA) in Strasbourg. 

The training provided in depth knowledge on the ECHR approach in asylum cases. Experienced speakers presented the Court’s approach in non-refoulement cases, detention cases, interim measures and the right to family life. The participants could visit the Court and meet the very experienced lawyers working there. 

The seminar was attended by lawyers in private practice, judges, European and national civil servants and other legal practitioners dealing with asylum law.

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Vacancy Announcements

We are happy to publish these vacancy announcements and receive your applications! The below specifications may be downloaded here (.pdf).

Recruitment Policies

aditus foundation is an independent, voluntary and non-profit organisation established with a mission to monitor, act and report on access to fundamental human rights. Our work includes advocacy, research, capacity building and provision of pro bono legal services in the field of asylum, migration, LGBTIQ+ rights and individual rights and freedoms.

We are seeking to recruit motivated individuals to join our team of human rights advocates in Malta. Our team consists of 4 permanent staff members, supported by a dynamic group of interns and trainees.

aditus is an equal opportunity employer. We value a diverse workforce and an inclusive culture. We encourage applications from all qualified individuals without regard to race, colour, religion, gender, sexual orientation, gender identity or expression, age, marital status, citizenship, and (dis)ability.

Primary Responsibilities

The Legal Officer is primarily responsible for the provision of legal services to clients in the fields of asylum and migration. This includes individual case-work, as well as other projects involving research, writing and advocacy. The Legal Officer forms part of our Pro Bono Unit and reports to the Director.

Individual case-work with clients covers the following activities:

  • Delivery of information to asylum-seekers on all matters relating to the asylum procedure;
  • Preparation of appeals against negative decisions taken by the International Protection Agency. This involves researching and drafting submissions, and participating in the hearings of the second instance authority (the International Protection Appeals Tribunal);
  • Preparation of appeals against negative Dublin decisions and of subsequent applications;
  • Litigation relating to challenging detention of asylum-seekers and other migrants;
  • Assistance with applications for national protection, namely Temporary Humanitarian Protection, and with applications for other special residence documents;
  • Appeals against rejections of social security applications (e.g., unemployment benefits, housing benefits, etc.) involving asylum-seekers, international protection beneficiaries or other migrants;
  • Participation and assistance with the preparation of cases for strategic litigation in national and international fora (e.g., ECHR, UN mechanisms, etc);
  • Assisting clients during client drop-in days and visiting clients in open and closed centres;
  • General human rights support to asylum-seekers, beneficiaries of international/national protection and failed asylum-seekers.
Other Responsibilities

Together with the above, the Legal Officer will be involved in the following:

  • Research and drafting of the Malta reports for the Asylum Information Database (AIDA);
  • Supervision of one or more Legal Interns;  
  • Participation in various meetings, seminars and trainings regularly organised in Malta or overseas;
  • Work closely with and provide policy analysis and legal expertise to the other team members, this would include participation in advocacy activities.
Required Qualifications

We are looking for a candidate who can effectively demonstrate the following:

  • University degree in law or legal studies, having covered refugee law and international human rights law;
  • At least 3 years’ experience working in the area of asylum;
  • Experience working and communicating with marginalised or vulnerable communities;
  • Working knowledge of the Common European Asylum System;
  • Excellent research and drafting skills (English);
  • Willingness to travel for seminars and conferences, as these arise;
  • Fluency in English;
  • Ability to work in a small team and in a fast-paced environment;
  • A commitment to diversity which respects differences of race, ethnicity, gender, sexual orientation, gender identity and expression, religion and ability. In particular, a commitment to respect the Code of Conduct of the Malta Refugee Council.
Offer

We are able to offer the following to the selected candidate:

  • A one-year full-time position, with the possibility of this being converted to an indefinite contract;
  • Salary package that is commensurate with experience;
  • Statutory vacation and sick leave;
  • A flexible and family-friendly working environment;
  • A fun and committed group of colleagues!
Application Procedure

Please send applications to Katarzyna De Wilde, our Programmes Officer, at katarzynadewilde@aditus.org.mt, attaching a (1) covering letter, (2) updated CV with at least 2 references and (3) 2 short writing samples by not later than 5 March 2021.

All applications should include ‘Legal Officer position’ in the subject line.

Primary Responsibilities

The primary role of the Case Officer is to support our Pro Bono Unit in the provision of legal services to individual clients, primarily in the field of asylum and migration. This includes the provision of individualised support to clients, administrative support to our team and research into relevant laws and policies. The Case Officer forms part of our Pro Bono Unit and reports to the Director.

Individual case-work with clients covers the following activities:

  • Client onboarding and registration;
  • Preparation and carrying out of visits to open and closed centres;
  • Follow-up with government departments, agencies and other public or private service-providers;
  • Background research relating to client work and litigation;
  • Assisting with non-litigation advocacy and outreach work in the communities;
  • Follow-up with specific clients;
  • General human rights support to asylum-seekers, beneficiaries of international/national protection and failed asylum-seekers.
Required Qualifications

We are looking for a candidate who can demonstrate the following:

  • University degree in law, legal studies, human rights, humanitarian action, international relations or related field.
  • At least 1 years’ experience working in the area of human rights or related field;
  • Experience working and communicating with marginalised or vulnerable communities;
  • Fluency in English. Knowledge of Maltese will be considered an advantage;
  • Ability to work in a small team and in a fast-paced environment;
  • A commitment to diversity which respects differences of race, ethnicity, gender, sexual orientation, gender identity and expression, religion and ability. In particular, a commitment to respect the Code of Conduct of the Malta Refugee Council.
Offer

We are able to offer the following to the selected candidate:

  • A one-year full-time position, with the possibility of this being converted to an indefinite contract;
  • Salary package that is commensurate with experience;
  • Statutory vacation and sick leave;
  • A flexible and family-friendly working environment;
  • A fun and committed group of colleagues!
Application Procedure

Please send applications to Katarzyna De Wilde, our Programmes Officer, at katarzynadewilde@aditus.org.mt, attaching a (1) covering letter, (2) updated CV with at least 2 references by not later than 5 March 2021.

All applications should include ‘Case Officer position’ in the subject line.

Out of the Shadows: giving a voice to sex workers in Malta

The Project Researcher will be engaged to carry out research within the ambit of the project Out of the Shadows: giving a voice to sex workers in Malta, funded through the Voluntary Organisations Project Scheme 2021..

Out of the Shadows seeks to create a safe space for sex workers in Malta to talk about their lives, experiences and dreams. Their stories will allow the nation to better understand the human complexities of sex work. This is being done within the context of the nationwide discussion on the reform of policy and legislation on sex work.  

Out of the Shadows will run from 1 March 2021 to end February 2022.

The Project Researcher will report to the Project Leader and will be able to carry out services from our office or remotely. It will however be necessary for the Project Researcher to be available to meet individuals in person during the course of the research, as well as to attend project briefings at regular intervals.

The Researcher will produce a publication that will give a much-needed voice to a community that is often shrouded in shame, discrimination, poverty and marginalisation.

Responsibilities of the Researcher

The Researcher will be responsible for the following activities:

  • Formulation of a research plan based on best practice, sound ethical considerations and similar initiatives at the European/International level;
  • Desk-research;
  • Engagement with relevant governmental and non-governmental stakeholders;
  • Qualitative interviews with sex workers from diverse backgrounds, including – as far as possible: men, women, LGBTIQ+ persons, Maltese and non-Maltese;
  • Drafting of a report giving a comprehensive understanding of the situation of sex workers in Malta, including a series of legal and policy recommendations;
  • Participation in dissemination activities, both general and targeted to specific stakeholders.
Required Qualifications

We are looking for a candidate who can demonstrate the following:

  • University degree in anthropology, sociology, public policy, law, youth and community studies, social policy or social work, psychology, gender studies, or an equivalent comparable professional qualification;
  • Experience in carrying out qualitative research;
  • Experience working and communicating with marginalised or vulnerable communities;
  • Excellent research and drafting skills in English;
  • Fluency in Maltese will be considered to be an advantage;
  • Ability to work in a small team and in a fast-paced environment;
  • A commitment to fundamental human rights, in particular to diversity which respects differences of race, ethnicity, gender, sexual orientation, gender identity and expression, religion and ability.
Offer

We are able to offer the following to the selected service-provider:

  • A service agreement lasting until mid-February 2022;
  • The estimated value of the contract between Eur 2,000 – 2,500, commensurate with experience and expertise;
  • Administrative support from the aditus team, including use of our office, equipment and logistics;
  • Research support, particularly in identifying research participants and relevant stakeholders.
Application Procedure

Please send applications to Katarzyna De Wilde, our Programmes Officer, at katarzynadewilde@aditus.org.mt, attaching a (1) covering letter, (2) updated CV with at least 2 references and (3) 2 short writing samples by not later than 5 March 2021.

All applications should include ‘Out of the Shadows Researcher position’ in the subject line.



Some of these vacancies are financed by the European Social Fund.


Project Alert | How do we identify stateless persons in asylum scenarios?

We have just started work on a new project: Identification Tool for Statelessness in Asylum. Our efforts will seek to create a working tool allowing us – and our partners – to identify stateless persons in Malta’s asylum scenario.

Although there is no comprehensive and updated research on number of stateless persons in Malta, it is clear that a high percentage is present with asylum-seeking of refugee communities. These would be people who have either been stripped of their nationality due to, for example, ethnic conflicts or partition of states. Otherwise, they could be people who are not recognised by the state they deem to be their own because they might have lived their entire lives outside that country, in a refugee camp in a neighbouring state.

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Publication of our Compendium of Asylum Jurisprudence, Law & Policy

A collection of Maltese asylum case-law

The Compendium of Asylum Jurisprudence, Law & Policy – A Collection of Maltese Asylum case-law gathers the large collection of case-law decided by the Maltese courts and the European Court of Human Rights with respect to Malta in the field of asylum.

The Compendium is divided into six chapters. Chapter I on Procedural Issues takes into account the vast number of judgements that examined the nature of judicial review and constitutional review in the field of asylum and immigration, and the implications of challenging decisions by the Refugee Appeals Board and the Immigration Appeals Board.

Chapter II focuses on jurisprudence relating to asylum determination claims and highlights the restraints that our Courts have in reviewing decisions relating to asylum on the merits.

The examination on the grounds for detention, the remedies available at law for challenging detention and judgments on detention in the light of claims of breaches of fundamental right are tackled in Chapter III.

Chapter IV explores the importance of access to the territory and surrounding issues, such as border control and the principle of non-refoulement, and related judgements. The age assessment procedure is examined in Chapter V.

Finally, Chapter VI explores the content of and access to associated rights of beneficiaries of international protection in the light of the available Court jurisprudence and Ombudsman decisions.

Compendium of Asylum Jurisprudence, Law and Policy – Author: Carla Camilleri; Reviewed by: Neil Falzon

The Compendium is free of charge, however the costs of postage would need to be covered by anyone interested in receiving a copy by post. Charges for postage for both overseas and local postage for this publication is €3.50.  Payment can be made via a number of options: click here for information on payment.

It is important to indicate your name and include the word “Compendium” in the narrative of your transaction.  Please email: carlacamilleri@aditus.org.mt for more information.

The Compendium can also be accessed online here.

Ultimately, we hope that the Compendium strengthens the quality of those judicial decisions that determine the extent to which refugees are able to effectively enjoy their fundamental human rights.

We hope that readers of this Compendium will take from it the wealth of knowledge gathered in its pages, and also appreciate the struggles refugees face as they seek to secure their human dignity in Malta.

Dr. Neil Falzon

Director aditus foundation


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


PRESS STATEMENT: NGO Statement on the Government’s Decision to close Malta’s ports to NGO rescue ships

We are gravely concerned by the Government’s decision to close Malta’s ports to NGO rescue ships. The consequences of this measure are potentially fatal, as the vessels will no longer be able to continue saving lives in the Mediterranean Sea.

Although supposedly aimed at ensuring respect for the law, this action directly undermines the protection of human life at Europe’s borders, making them even more dangerous for refugees and asylum seekers.

The irregular migration sea route from Libya to Italy, which has always been the most lethal route for irregular entry into Europe, is becoming increasingly perilous. According to a 2017 UNHCR report, the death rate amongst those crossing from Libya increased to 1 for every 14 people in the first three months of 2018, compared to 1 for every 29 people in the same period in 2017.  In 2017, the Central Mediterranean route accounted for 2853 out of 3139 deaths in the Mediterranean, while in 2018 it accounted for 635 out of 972.

NGOs saved thousands of lives in the Mediterranean between 2015 and 2018 – in 2016 they were the most important single Search and Rescue (SAR) actor, accounting for 26% of all rescues. They filled a huge gap in state search and rescue operations in the Mediterranean after Italy scaled back its Mare Nostrum operation in late 2014.

One of the inevitable consequences of the decision to close Malta’s ports to these vessels will be that more people will lose their lives attempting to reach a place of safety. This especially since EU states do not seem to have any plans to increase their search and rescue capacity in the Mediterranean, but intend to rely instead on the Libyan coastguard to conduct rescues.

The deaths of 100 migrants in the seas off Libya yesterday, after a Spanish NGO vessel was told that the Libyan coastguard was taking care of the rescue, highlights the deadly consequences of refusing to collaborate with NGOs and limiting their capacity to operate effectively.

Moreover, seen in the light of recent government statements stressing the need to allow the Libyan coastguard to operate without obstruction, the actions being taken against NGOs conducting search and rescue look like little more than a thinly veiled attempt to block refugees and migrants from leaving Libya.

It is impossible not to question the morality and humanity of a decision that will effectively trap people in an abusive situation, where their safety is anything but guaranteed. It is a well-documented fact that migrants in Libya routinely experience severe violations of their rights including rape, slavery, torture, ill-treatment, extortion and detention in miserable conditions. Not only, it is completely impossible for them to apply for protection there.

While it is no doubt important to secure our national borders, this can not, and should never be, at the cost of the life or safety of others, especially vulnerable people seeking refuge.

We therefore call on the government of Malta to urgently reconsider its decision and to allow NGO rescue vessels to continue to operate from Malta ports.

We also urge the government to support NGO rescue efforts not just by allowing them to use our port facilities but also by allowing rescued migrants to disembark in Malta pending a final decision on which countries will take them.

 

This press release is being issued by the following organisations:

aditus Foundation, Eritrean Community, Foundation for Shelter and Support to Migrants, Graffiti, IAFR, Integra Foundation, JRS Malta, Justice and Peace Commission of the Archdiocese of Malta, Kopin, Libico, Malta Emigrants’ Commission, Migrant Women Association Malta, PFC, PHROM, Solidarity with Migrants Group, SOS Malta, Spark 15.

 

Monday, 02 July 2018