Lassana’s death: A call to action

Joint Civil Society Statement

We are shocked and saddened beyond words by the confirmation that the drive-by shooting on April 6th which left Lassana Cisse dead and two other men seriously injured was an act of racial hatred.

That the two men suspected of committing this heinous crime are members of the Armed Forces of Malta – a state institution that is there to protect us – makes it even more reprehensible.

It would be tempting to disassociate ourselves from this crime, to dismiss it as a random act, perpetrated by one or two deranged individuals. But we know that it is not, because we daily come in contact with people who are treated as less than human, by individuals and institutions, because of their religion or the colour of their skin.

Continue Reading

Support our legal work!

Click to support us!

Your donation will allow us to:

  • provide, for free, legal information and advice to persons who are are unable to pay a private lawyer or who are unable to obtain a Government Legal Aid Lawyer;
  • file cases before the Courts of Law. Your donation will allow one of our lawyers to prepare, file and follow up the Court application;
  • pay interpreters to allow us to communicate with some of our clients;
  • seek sources of funding that require us to provide a share of the total project amount (so-called ‘co-financing requirement’);
  • pay our monthly office rent, without which we’d be a homeless NGO!
  • keep our staff and interns warm in winter, cool in summer!
  • remain connected to the Internet…and over the phone!

5-year Schengen Entry Ban issued against a young mother for overstaying 21 days

Katerina’s Story

Facts

Katerina*, a Macedonian national and single mother of two young children, entered Malta legally and applied for a work permit in 2016. She was legally allowed to stay in Malta until a decision on her application and subsequent appeal was taken. Throughout that year, her two minor children aged four and six were attending school in Malta and finished their scholastic year in June 2017.

The whole process ended with a final rejection one year later in the beginning of July 2017, after which she voluntarily bought three plane tickets to return to her country mid-July. She overstayed in Malta for merely 21 days, in order allow her children to finish their scholastic year and to get things packed.

On the day of her flight, she was stopped by Immigration Police as she and her children were boarding the plane at Malta International Airport. An Immigration Police Officer issued a Return Decision accompanied by a Removal Order, together with a Schengen re-entry ban** of five years. She was then asked the by same Officer to sign a paper waiving her right to appeal as she was told that if she didn’t sign it then her return might be delayed.

At at that point, Katerina was being held by Immigration Police, pre-flight with her two minor children and was afraid of being held for longer periods of time at the airport. She was in an extremely vulnerable position. She signed the document and returned to Macedonia.

As a result of this, our client was banned from entering the European Union for 5 years, irrespective of the reason for travel. She was offered a web design job in Berlin which she had to decline due her ban and she could not travel even for tourist purposes with her children in Europe.

Our role

  • We filed an appeal with the Immigration Appeals Board (IAB) on the basis of the fact that our client was returning voluntarily, that there was no individual assessment that took into account that she only overstayed for a short period, and that she did not pose a public security risk. In our appeal we requested the IAB to withdraw the ban on re-entry. Our client received a negative decision from the IAB 15 months later.
  • We corresponded with Immigration Police for over 12 months, requesting a lifting of the ban. The ban was finally lifted by Immigration Police after two years.
  • We filed a complaint before the EU Commission for a breach of EU Law, namely Article 47, the right to an effective remedy, of the Charter of Fundamental Rights and Articles 7(1), 11(2) and 13(1) and (3) of the Returns Directive (2008/115/EC). This complaint is currently ongoing.

Results

  • Our client can now freely travel to and take up employment in all European Member States with her two minor children.
  • DG Migration and Home Affairs within the European Commission is examining the complaint in order to determine whether infringement proceedings should be opened against Malta.
email from client after lifting of the ban

For more information contact Carla on carlacamilleri@aditus.org.mt.

* Her name has been changed to protect her identity.
**Schengen re-entry ban: a decision prohibiting entry into and stay in the territory of European Member States. 


WE WERE THERE.
SUPPORT US !
Your donation will allow us to continue providing free legal services.



Support our legal work!

Click to support us!

Your donation will allow us to:

  • provide, for free, legal information and advice to persons who are are unable to pay a private lawyer or who are unable to obtain a Government Legal Aid Lawyer;
  • file cases before the Courts of Law. Your donation will allow one of our lawyers to prepare, file and follow up the Court application;
  • pay interpreters to allow us to communicate with some of our clients;
  • seek sources of funding that require us to provide a share of the total project amount (so-called ‘co-financing requirement’);
  • pay our monthly office rent, without which we’d be a homeless NGO!
  • keep our staff and interns warm in winter, cool in summer!
  • remain connected to the Internet…and over the phone!

UN High Commissioner for Human Rights urges Malta to reconsider the charges against the 3 El Hiblu migrants

Taken from the OHCHR website, 7 May 2019.

We call on the authorities in Malta to reconsider the terrorism charges laid against three teenagers who were arrested on 28 March following the docking of the El Hiblu I commercial vessel in the country.

The charges relate to an incident that occurred at the end of March, when some 100 migrants attempting to flee Libya were rescued in international waters by a commercial vessel that was en route to Libya. The vessel reportedly rescued the migrants and initially informed them that they would be taken to Europe but then turned around to head back to Libya. The migrants protested in desperation and the ship was steered again toward Malta. The accused, aged 15, 16 and 19, have been charged under Maltese laws for allegedly hijacking the ship and forcing it to go to Malta. Some of the charges are punishable by life imprisonment. We understand that the three are due to appear in court on 20 May.

Continue Reading