Danish Refugee Council report criticises Malta’s treatment of asylum seekers

Date: 
Sunday, February 9, 2014

The report published this week criticises Malta’s systematic detention of asylum seekers, the conditions in detention and in the open reception centres, and the treatment of vulnerable persons. Reference is made to several court decisions in Germany, Italy and Belgium as well as practice in Finland, according to which Dublin transfers to Malta of vulnerable asylum seekers – in particular unaccompanied children, single parents and victims of human trafficking – were suspended, due to sub-standard reception and detention conditions.

The report also reveals that asylum seekers who left Malta before their asylum interview and are returned under the Dublin system face repercussions upon return. As the authorities consider that their asylum applications have been ‘withdrawn’, the individuals need to be granted permission to submit a new (i.e. subsequent) application in order to have their claim assessed on its merits. Without such permission, asylum seekers are at risk of removal to their countries of origin. According to the Jesuit Refugee Service in a June 2013 report, many persons eligible for refugee status have to spend months in detention to have their case reopened.

Read the report of the Danish Refugee Council (Danish only).


This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.

Keywords: 
Detention
Dublin Transfer
Reception conditions
Subsequent application
Withdrawal of protection application
Tags: 
NGO
Malta