Campaign Archives - Page 6 of 18

We welcome Malta’s implementation of procedural safeguards in return procedures

Following several cases filed by aditus foundation before the Immigration Appeals Board challenging the detention of individuals under a removal order, Malta has started to comply with its obligations under European and Maltese law. We are happy to welcome this development, whereby Malta is now implementing procedural safeguards in return procedures.

In the EU, the situation of rejected asylum seekers is governed by the Return Directive 2008/115/EC, adopted by the European Union in 2008. This Directive establishes a common European legal framework of the minimum standards which are to be applied during the procedure for the return of people who are illegally staying on the territory of its Member States. In 2011, Malta duly transposed these obligations in its national legislation and provided for the same standards applicable in all the Member States in Subsidiary Legislation 217.12, entitled: ‘Common Standards and Procedures for Returning Illegally Staying Third-Country National’.

Malta’s unfair detention and asylum policies put refugees at risk of being returned to their countries

A case filed by aditus foundation lawyers on behalf of a Bangladeshi journalist was recently communicated to Malta by the European Court of Human Rights. Following the communication, Malta refused to settle the issue with the applicant. The Court had invited Malta to grant international protection to the applicant and close the case, but the Government refused and the case is now before the Court. The case is based on our assessment that Malta’s unfair detention and asylum policies put refugees at risk of being returned to their countries.

Ahmed’s story

Ahmed* is a Bangladeshi journalist who fled his country in 2019 after being targeted by the ruling party during the elections. He arrived in Malta by boat in September 2021 and sought protection here. As soon as he arrived he was taken to Malta’s detention centre, where he remained for the whole duration of his asylum procedure. Throughout this time, more than a year, he did not have proper access to a lawyer.

Three Children Released From Illegal Detention Following Court Action

They had been detained illegally for 58 days.

On Friday 21 January, lawyers from aditus foundation secured the released of six men from their illegal detention at Safi Barracks. Three of them were children, as also confirmed by the Government’s agency responsible for assessing the age of unaccompanied children reaching Malta. In a similar Court application filed the same day by another detained young man, also represented by aditus’ lawyers, the Court of Magistrates regretfully failed to require the Government to explain the legal basis for his detention at Safi Barracks.

The first application filed by the seven men was rejected on a pure formality, yet the immediate release of six of them was quickly confirmed by the same Government entities that, just a few minutes earlier, had denied having the legal authority to detain them. Although we remain baffled at this twist in events and in the dark as to who exactly was detaining them, we cannot hide the immense joy we felt when the six left the Court as free men.

Statelessness Briefing Note: “Malta’s 2019 international commitment to protect stateless people needs to be followed through.”

We are pleased to publish today a Statelessness Briefing Note. The Note is aimed at urging Malta to follow through its international commitment to protect stateless people.

In 2019 Malta acceded to the 1954 Convention Relating to the Status of Stateless Persons. This was a welcome development, confirming Malta’s commitment to resolving the situation of stateless persons in Malta. Yet, to date, Malta has not taken the legislative or administrative steps necessary to fulfil its new Convention obligations.

EU agency Frontex charged with illegal pushbacks

Amsterdam, October 20, 2021 – Frontex, the European Border and Coast Guard Agency, is being held accountable for illegally pushing back a Syrian family. The family was illegally deported to Turkey by Frontex in October 2016, shortly after arriving in Greece. It is the first time that Frontex through an action for damages is held responsible before the EU General Court for illegally deporting people and violating fundamental rights. Reports of similar pushbacks by Frontex have been piling up over the past years. The Syrian family is being represented by law firm Prakken D’Oliveira Human Rights Lawyers. Prakken D’Oliveira is supported by the Dutch Council for Refugees, BKB, Sea-Watch Legal Aid Fund and Jungle Minds.

The Syrian family, with four young children between the ages of 1 and 7, applied for asylum in Greece in October 2016. Their request was registered by the local authorities. Eleven days later, the family was nonetheless deported by Frontex and Greek authorities and taken onto a plane to Turkey without any access to an asylum procedure. Nor was an official expulsion order presented. During the flight arranged by Frontex and with their staff present, the four young children were separated from their parents. More so, they were ordered not to speak to each other. In Turkey, the family was immediately imprisoned. After release, they had no access to basic services and were unable to sustain themselves. Fleeing onwards, the family are now living in northern Iraq.