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 – Table of Contents       Author: Carla Camilleri; Research Assistants: Isabelle Sammut, Enya Tanti; 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.

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.


Training materials on access to justice for migrant children

The FAIR project (Fostering Access to justice for Immigrant children’s Rights) was a two-year long project, which aimed at strengthening access to justice for migrant children in the EU. Migrant children in the EU face violations of their human rights every day. Lack of access to their families, to information, guardians and legal assistance, lack of access to housing or education, unlawful detention – are few examples of what the children suffer.

The results of the project are a number of practical training modules and learning tools to support lawyers in defending migrant children’s rights:

The materials include the following training modules:

0. Guiding principles and definitions,

I. Access to fair procedures including the right to be heard and to participate in proceedings,

II. Access to justice in detention,

III. Access to justice for economic, social and cultural rights,

IV. Access to justice in the protection of their right to private and family life,

V. Redress through international human rights bodies and mechanisms,

VI. Practical handbook for lawyers when representing a child.

These materials have been used in national trainings for lawyers organised by the ICJ-EI in Spain, Italy, Greece, Malta, Bulgaria, Ireland and Germany and include also practical training tools, such as case studies and warm-up questionnaires to guide possible future trainings.

Timeframe:

1 March 2016 – 1 March 2018

Project Partners:

International Commission of Jurists – European Institutions (Lead Partner), Greek Council for Refugees (GCR) (EL), aditus foundation (MT), Fundacion Raices (ES), Bundesfachverband Unbegleitete Minderjährige Flüchtlinge e.V. (B-UMF) (DE), Legal Clinic for Immigrant and Refugees (LCIR) (BG), Immigrant Council of Ireland (ICI) (IR), Scuola Superiore Sant’Anna (SSSA).

 

EU flag_yellow_high

Co-funded by the Rights, Equality and Citizenship (REC) Programme of the European Union.

Co-funded by the Rights, Equality and Citizenship (REC) Programme of the European Union and the Open Society Institute Budapest Foundation, and implemented in cooperation with the AIRE Center, Child Rights Connect, and the Associazione per gli Studi Giuridici sull’Immigrazione (ASGI) (Italy).


Project Refugee Assistance Malta

From 1 January 2018 through to July 2020, aditus foundation and JRS Malta will be implementing a project geared to assist refugees as they attempt to integrate in Malta: Project Refugee Assistance Malta. The main aim of the project is to ensure that refugees and asylum-seekers are able to live a dignified life in Malta, where their immediate needs are promptly identified and met and where they enjoy access to their rights and opportunities.

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Statelessness Index – new online tool comparing how European countries address statelessness

Today European Network on Statelessness is launching a new online tool, Statelessness Index, for assessing how different European countries – including Malta – protect stateless people and what they are doing to prevent and reduce statelessness.

The tool is aimed at sharing good practices as well as raising awareness or focusing advocacy on areas that need improvement. It is the first tool that provides comprehensive and accessible comparative analysis on statelessness in different countries in Europe.

Comparing country specific information has been made easy as the index is divided into five themes: international and regional instruments, statelessness population data, statelessness determination and status, detention and prevention and reduction. Moreover, assessing country specific information has been made easy by categorising the information to range from the most negative to the most positive.

You can find Malta in the index together with France, Germany, Macedonia, Moldova, The Netherlands, Poland, Serbia, Slovenia, Switzerland, United Kingdom, and Ukraine. More countries will be added later as the index is still in its pilot phase.

Malta and statelessness

aditus foundation is the country expert for Malta, with the report compiled by our Director, Neil. According to him the most crucial aspect of statelessness in Malta is the very limited protection that Malta provides for stateless people.

Even though Malta is party to some relevant international and regional human rights treaties, it is not party to any of the core statelessness conventions, such as the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

Another issue to be raised is the one of detention of stateless people. Maltese law provides some protections against arbitrary detention, but rights afforded to people detained for removal purposes, for example, are very limited.

Moreover, Malta has no mechanism to identify and determine statelessness, and no stateless protection status. Data on the stateless population is therefore limited, with figures available only for the very small number of stateless people who acquire Maltese citizenship and refused asylum-seekers recorded as ‘nationality not known’ who cannot be returned and may or may not be stateless.

To learn more about statelessness in Malta and how Malta compares to other European countries visit the Index, or get in touch with us. You can also see our other work on statelessness here.

We’d like to thank UNHCR Malta for assisting us in our research and drafting.

This post was prepared by Emma Pahkala, Intern at aditus foundation.


Personal stories of protecting refugees coming soon: Our Island

My time spent working with refugees has taught me many things: the sheer strength of the human spirit, the tragedy of loss and suffering born of human egoism, neglect and violence, the capacity of the nation state to deny the right to rights and the people’s capacity to be complicit…and also to resist.

Maria Pisani

How does one convey what it was like to work in detention, to someone who has never set foot inside a detention centre? How to bring home the devastating impact of detention, so neatly defined as “deprivation of liberty or confinement in a closed place, which [one] …is not allowed to leave at will”, on the lives of men, women and children, which, even after so many years of working with detainees, even I feel I cannot begin to understand?

Katrine Camilleri

These are excerpts taken from Our Island: Personal Accounts of Protecting Refugees in Malta, a book soon to be published by aditus foundation. Our Island gathers the personal experiences of those people who experienced Malta’s encounter with refugees, as it seeks to document important moments and suggest lessons learnt.

Whilst much is said of refugees in Malta, little is documented in terms of the early years of these arrivals and how, throughout the decades, these arrivals shaped various parts of Maltese communities.

Our Island invited directly involved individuals to write about their experiences, thoughts and significant moments. Our aim is to document important years in Malta’s social and community history, by gathering informal and personal accounts from those persons who experienced it first hand.

The book covers important themes such as the government’s reaction and response, the detention regime, the asylum procedure, rescue at sea, community mobilisation and much more!

We want to share these accounts in order to appreciate them, learn from them and assess the impact of refugee arrivals on Malta.

Contributors to Our Island are: Katrine Camilleri (JRS Malta), Maria Pisani (Integra Foundation, former Head of IOM Office in Malta), Mario Friggieri (former Refugee Commissioner), Michael Camilleri (human rights lawyer), Ali Konate (founder of the Migrants’ Network for Equality), Tonio Borg (former Minister for Justice and Home Affairs), Colonel Clinton J. O’Neill (Armed Forces of Malta), Mgr. Alfred Vella (Malta Emigrants’ Commission) and Paolo Artini (UNHCR).

Neil Falzon, our Director, provides an Introduction.

The book will be published soon and made available either directly from our offices or through leading bookstores. Contact us if you want to reserve your copy (against a donation to the organisation).

Our Island is funded through the Creative Communities Fund of Arts Council Malta.