|
Malta |
2021 |
Policy |
|
Reception of applicants for international protection |
The authorities focused on enforcing contracts signed with applicants for their accommodation to ensure that reception spaces are swiftly available. When appointments are not respected or when there are clear indications that the applicant abandoned the asylum procedure, the International Protection Agency considers the application implicitly withdrawn and informs AWAS, which terminates the reception contract. |
EUAA Asylum Report 2022 |
|
Malta |
2021 |
Policy |
|
Processing asylum applications at first instance |
The International Protection Agency (IPA) issued instructions that children between 2 and 10 years could not accompany their parents to the personal interview at the IPA’s premises. |
EUAA Asylum Report 2022 |
|
Malta |
2020 |
Policy |
|
Content of protection |
Criteria for the Specific Residence Authorisation (SRA) policy was modified. |
EASO Asylum Report 2021 |
|
Malta |
2020 |
Legislative |
|
Content of protection |
The International Protection Act set in law the grounds and procedures for granting, excluding or revoking Temporary Humanitarian Status. |
EASO Asylum Report 2021 |
|
Malta |
2019 |
Policy |
|
Processing asylum applications at first instance |
The Office of the Refugee Commissioner started implementing changes to reporting on case allocation and backlog. |
EASO Asylum Report 2020 |
|
Malta |
2021 |
Legislative |
|
Special procedures to assess protection needs |
A new legal provision notes that only the International Protection Agency can designate a country as a safe country of origin, and it must be included in the Schedule to the International Protection Act. |
EUAA Asylum Report 2022 |
|
Malta |
2021 |
Policy |
|
Processing asylum applications at first instance |
The International Protection Agency adopted guidelines on the applications of the recast Qualification Directive Article 15(c) focusing on the regions of the Darfur, Blue Nile and South Kardofan. |
EUAA Asylum Report 2022 |
|
Malta |
2020 |
Legislative |
|
Content of protection |
A new provision regarding the cessation of international protection (unequivocal renunciation) was added to the Procedural Standards for Granting and Withdrawing International Protection Regulations. |
EASO Asylum Report 2021 |
|
Malta |
2022 |
Legislative |
|
Processing asylum applications at second or higher instance |
Amendments to the International Protection Act enables an appeal against a decision by the International Protection Agency which terminates refugee or subsidiary protection, except in cases where the beneficiary has renounced protection or become a Maltese national. The competence of the International Protection Appeals Tribunal now covers an ex nunc examination of the appeal. |
EUAA Asylum Report 2023 |
|
Malta |
2020 |
Legislative |
|
Processing asylum applications at first instance |
The definition of manifestly-unfounded applications was amended and aligned with the definition in the recast Asylum Procedures Directive. |
EASO Asylum Report 2021 |
|
Malta |
2021 |
Policy |
|
Processing asylum applications at first instance |
The International Protection Agency introduced a policy to optimise case management in an effort to address the considerable backlog of pending cases, including a minimum quota for case officers to conduct interviews and submit assessments, a rule to hold one interview where all information is collected, and electronic ways of communicating notifications for interviews. |
EUAA Asylum Report 2022 |
|
Malta |
2020 |
Policy |
|
Reception of applicants for international protection |
The AWAS reduced the length of contracts signed with male adult applicants for their accommodation from 1 year to 6 months. |
EASO Asylum Report 2021 |
|
Malta |
2019 |
Policy |
|
Reception of applicants for international protection |
AWAS amended its policies and provided allowances to applicants who hold an asylum certificate and are registered with the Refugee Commissioner. |
EASO Asylum Report 2020 |
|
Malta |
2021 |
Policy |
|
Access to procedure |
Authorities expressed the view that cooperation on returns to Libya is indispensable for the effective management of sea arrivals. |
EUAA Asylum Report 2022 |
|
Malta |
2021 |
Policy |
|
Reception of applicants for international protection |
The employment policy was amended so applicants from a safe country of origin or in the Dublin procedure can access the labour market after 9 months from the lodging of their application for international protection, while other applicants are able to work legally as soon as their asylum application is confirmed. |
EUAA Asylum Report 2022 |
|
Malta |
2019 |
Legislative |
|
Unaccompanied minors and vulnerable groups |
The Head of the Agency for the Welfare of Asylum Seeker (AWAS) may be appointed as a legal guardian for unaccompanied minors with an interim care order, in order to prevent delays. |
MT LEG 01 2019 |
|
Malta |
2021 |
Policy |
|
Processing asylum applications at first instance |
The International Protection Agency issued internal guidelines, which were formally adopted in 2020 and implemented in 2021, on interviewing and assessing applications based on sexual orientation and gender identity. |
EUAA Asylum Report 2022 |
|
Malta |
2019 |
Policy |
|
Processing asylum applications at first instance |
Guidance was reviewed and updated, new internal standard operating procedures for radicalisation and extremism were launched, and an internal guide on the application of internal protection alternatives was developed. Following EASO guidance, the decision template was updated. |
EASO Asylum Report 2020 |
|
Malta |
2021 |
Legislative |
|
Reception of applicants for international protection |
Amendments to the Maltese Reception Regulations provided a more comprehensive transposition of the provisions in the recast Reception Directive on material reception conditions for vulnerable applicants. |
EUAA Asylum Report 2022 |
|
Malta |
2021 |
Policy |
|
Processing asylum applications at first instance |
The International Protection Agency drafted guidelines on the involvement and conduct of legal representatives (NGOs or private lawyers) during an asylum interview, allowing lawyers to intervene at certain parts of the interview and limiting their presence in cases of disruptive behaviour. A lawyer can submit supplementary statements within 5 days after the interview. |
EUAA Asylum Report 2022 |
|
Malta |
2020 |
Legislative |
|
Persons with special needs in the asylum procedure |
SOGI was included to be a particular social group under the Procedural Standards for Granting and Withdrawing International Protection Regulation. |
EASO Asylum Report 2021 |
|
Malta |
2022 |
Legislative |
|
Persons with special needs in the asylum procedure |
The Immigration Act was amended on the rules for appointing interim guardians for prohibited migrants who claim to be minors. The CEO of AWAS may again appoint a guardian. |
EUAA Asylum Report 2023 |
|
Malta |
2020 |
Legislative |
|
Processing asylum applications at second or higher instance |
The International Protection Appeals Tribunal now has a full-time chairperson and two or more members on a part-time basis, appointed by the President on the advice of the Prime Minister. |
EASO Asylum Report 2021 |
|
Malta |
2021 |
Policy |
|
Processing asylum applications at first instance |
The International Protection Agency initiated a process to digitise all physical case files and transition towards an electronic filing system. |
EUAA Asylum Report 2022 |
|
Malta |
2022 |
Policy |
|
Processing asylum applications at first instance |
The International Protection Agency sampled cases for quality assurance. |
EUAA Asylum Report 2023 |