Comprehensive report on Malta’s asylum regime 2022: AIDA report

We are extremely happy to share with you the publication of the most comprehensive report on Malta’s asylum regime, covering 2022: the Asylum Information Database report (AIDA). This year, the report also includes a separate Annex providing detailed information on the implementation in Malta of the Temporary Protection Directive throughout 2022. The AIDA report is published by ECRE.

The report provides in-depth information on the various aspects of the asylum regime: asylum procedure, reception conditions, detention, content of international protection. It is based on months of desk research, complemented with information provided by various entities…who we sincerely thank for their cooperation.

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Malta continues to fail LGBTIQ+ refugees: 2 new publications

We just published two documents that show how Malta continues to fail LGBTIQ+ refugees. As part of the #Safe4All campaign, we are urging Malta to revise it’s asylum laws because the current regime simply does not offer protection to people fleeing because of their LGBTIQ+ identities and/or behaviour.

For Malta Pride 2022, and as part of our activities building up towards EuroPride 2023 (hosted in Malta), we launched a campaign that focuses on LGBTIQ+ refugees in Malta. The campaign flags that Malta designates as ‘safe’ a list of countries that criminalise in their laws LGBTIQ+ identities and/or behaviour. This is unacceptable, as Malta should not be considering these countries as safe.

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Civil Court: Refusals by Identity Malta on basis of public security must be based on evidence, Immigration Appeals Board is bound by principle of equality at arms – Analysis

In the case of Istok Lazarevic vs. Direttur tad-Dipartiment taċ-Ċittadinanza (Appell Nu 78/2018), the Civil Court of Appeal revoked a decision issued by the Immigration Appeals Board (“the Board) upholding a refusal decision by Identity Malta Agency (“the Agency”) for a single permit application on the grounds of public policy and public security.

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Our key cases are now online!

We’ve just uploaded our key cases to our Publications page. Under the heading ‘Our cases’, you’ll now find the documents relating to the prominent cases we’ve brought before various tribunals and Courts. We’ve only uploaded finalised cases, meaning for now you won’t find anything relating to, for example, the Captain Morgan case.

In the section you’ll find key cases where we represented children challenging their detention before the Immigration Appeals Board, as well as habeas corpus decisions taken by the Court of Magistrates. Under Maltese law, a habeas corpus application may be filed by any persons who wishes to question the legality of their arrest and/or detention. This is an extremely urgent procedure, as it understands the mere potential of a person being detained in violation of the law. We’ve brought several such applications, mostly successful, against Malta’s terrible detention regime.

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Training materials on Alternatives to Detention for Migrant Children

Throughout 2021 and 2022 we worked on the project that explored the use of alternatives to detention for children: the CADRE project. As part of the project, we developed and published training materials on alternatives to detention for migrant children

The materials cover the international and EU legal framework of alternatives to detention for children and related rights, such as the right to liberty and prohibition of immigration detention of children. The materials aim to support efforts to ensure that children are never detained for purposes of immigration control, in accordance with international standards.

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