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.


“Do I have a right to justice?” Improving access to legal assistance in Malta

The final event of the ATLAS project, held on the 28th April, 2017, provided speakers and participants alike the opportunity to discuss the issues relating to improving access to legal assistance in Malta.

Minister Helena Dalli, in her opening address, explained that legal aid is essential in order for individuals to have access to an effective remedy and that the current means threshold is effectively barring the majority from receiving such legal aid even in situations of abuse such as domestic violence. Mr. Tamietti, Deputy Section Registrar of the European Court of Human Rights, gave an in-depth commentary on the jurisprudence of the European Court of Human Rights relating to access to legal assistance in the criminal (Salduz v Turkey; Borg v Malta; Ibrahim and others v the United Kingdom), civil (Airey v. Ireland; Steel and Morris v. United Kingdom) and immigration (Maaouia v FranceKhlaifia and others v Italy) fields.

Dr. Marc Sant, Head Advocate for Legal Aid within the Legal Aid Agency, outlined the provision of legal aid services in Malta, including eligibility criteria and the procedure for applying. An overview of recent changes, such as the recent set-up of the Agency and statistical data, were also outlined. Dr. Sant’s presentation can be accessed through this link: Legal Aid Agency Malta – Presentation.

Carla, project coordinator and assistant director of aditus foundation, presented the results of the ATLAS project and the main findings and recommendations that are contained in the final report on Access to Legal Assistance in Malta.  The objective of the report was to analyse the availability and outline the importance of having access to legal assistance for individuals who cannot afford the costs of legal representation in Malta. The Report is divided into three Sections:

  • Section 1: highlights existing international and European human rights standards relating to access to legal aid and Malta’s obligations
  • Section 2: analyses the legislative, judicial and administrative implications of the Maltese legal aid system
  • Section 3: examines the provision of pro bono legal assistance and how it can support the formal legal aid system

Furthermore, together with the Report, a number of Factsheets were drawn-up which provide basic information on the right to legal aid, the right to a fair trial, the court structures and other equality bodies in Malta. These can be downloaded individually or as a package from aditus’ publication page under the Factsheet heading. Carla’s presentation can be accessed through this link: Access to Legal Aid Assistance in Malta – Assessment of the Legal Aid System in Malta.

aditus and The Critical Institute hope that the Report will stimulate the discussion for a continuing reform of the justice system in Malta. The aim is to increase access to justice for vulnerable and marginalised groups through a stronger and more efficient legal aid system and through better awareness and enthusiasm for pro bono work amongst lawyers.

If you believe that your institution, NGO or department would find hard copies of the report or the factsheet useful, please do not hesitate to contact us on carlacamilleri@aditus.org.mt 

 

This project has been funded through the Voluntary Organisations Project Scheme managed by the Malta Council for the Voluntary Sector on behalf of the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties.


Understanding the Right of Access to Legal Assistance in Malta: Access to a Lawyer, Legal Aid and Pro Bono

The Battenberg Suite, Osborne Hotel, Valletta – 13th January, 2017

aditus foundation, together with The Critical Institute, is organising a seminar which will bring together local and foreign experts, whose contributions will cast light on Maltese human rights obligations to provide free legal assistance for the protection of fundamental rights, the Maltese legal aid system, its shortcomings and possible developments and on the benefits of a strong pro bono culture.

Seminar Programme:

10h00   Opening remarks: Presentation of the programme and the experts

10h30   Access to legal aid as an essential precondition for the exercise of the right to a fair trial: the European roadmap  – Tzeni Varfi, Legal and Policy Officer, Fair Trials, Brussels

11h15   Q&A

11h30   Coffee break

12h00   The implementation of the right of access to a lawyer: European Court of Human Rights and national case-law Jodie Blackstock, Legal Director, Justice, London

12h45   Q&A

13h00   Lunch

14h30   The Maltese legal aid system: current legislation and possible reforms Ann Spiteri, Lawyer – LEAP (Legal Expert Advisory Panel) Expert, Malta

15h00   The pro bono legal assistance: a commitment to an effective and accessible legal aid system – Marieanne McKeown, Director of Global Pro Bono, PILnet, The Global Network for Public Interest Law

15h30   Reacting panel and discussion: the gaps in the Maltese Legal Aid system and pro bono assistance Ann Spiteri and Marieanne McKeown

16h00   Coffee break

16h30   Round up of the day’s discussion and closing remarks

17h00   End of the seminar

 

The seminar is free of charge and lunch will be provided to all participants. Places are limited, in order to book, please email: alessiacicatiello@aditus.org.mt and carlacamilleri@aditus.org.mt 

 

This project has been funded through the Voluntary Organisations Project Scheme managed by the Malta Council for the Voluntary Sector on behalf of the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties.

                  

 


Update on our main access to justice project

The ATLAS (Access to Legal Assistance) project (1 May 2016 – 30 April 2017) is moving forward!

Alessia, our new Project Officer, has finally moved to Malta and, together with Carla, they have identified relevant stakeholders and are now conducting interviews with service providers.

We have already met the General Legal Aid Unit and the Third Country Nationals Unit, gathering information about the actual availability of legal assistance in Malta for asylum, civil and criminal proceedings.

We have also spoken to pro bono lawyers and NGOs providing free legal aid, for the purpose of gauging access to legal assistance and identifying the effective need for pro bono systems within a corporate social responsibility.

We will conduct several more stakeholder interviews to understand how service-users access legal aid services, and to note their experiences with the system.

Interviews will contribute to our research, that will focus on international and EU obligations in relation to provision of legal assistance, on current Maltese legislation and legal aid systems, as well as on recent proposals to the justice reform initiative in order to guarantee access to free legal assistance.

We are constantly following new legal developments so to have a comprehensive knowledge of the right of access to a lawyer.

Also, as part of the capacity-building aim of the ATLAS project, we are organising a national workshop. We have invited national and international speakers and organisations for them to cast light on Malta’s obligations to provide legal aid as a fundamental human right of all people who are accused or suspected of crimes, who face any period of imprisonment, are involved in serious or complex cases, or who do not have the capacity to defend the case themselves.

Our aim is to define the possibilities to create and maintain an efficient legal aid system in Malta.

If you have any views on legal aid in Malta, or want further information on this project, get in touch with Alessia Cicatiello at alessiacicatiello@aditus.org.mt.

This project is funded through the Voluntary Organisations Project Scheme managed by the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties.

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