Rights and obligations related to the asylum procedure

The asylum-seeker has the right to be informed:

• in a language which he understands or is reasonably supposed to understand of the procedure to be followed and of his rights and obligations during the procedure;
• about the possible consequences of not complying with his obligations and not cooperating with the authorities;
• of the timeframe as well as the means at his disposal for fulfilling the obligation to submit the elements required to substantiate the application for international protection;
• of the consequences of an explicit or implicit withdrawal of the application;
• of his right to consult the UNHCR or any other national organisation providing legal advice and to have legal assistance during all the phases of the asylum procedure

The asylum-seeker also has a right to:

• Consult a lawyer (state-provided free legal assistance is only accessible at appeals stage
• The services of an interpreter, whenever necessary, for submitting his case (including during the personal interview)
• Have timely access to the report or the transcript of the personal interview before a decision on the application is taken by the Refugee Commissioner
• Be given notice, in a reasonable time, of the decision on his application for international protection
• Be informed of the result of the decision, in a language that he understands or is reasonably supposed to understand, when he is not assisted or represented by a legal adviser
• Be provided with information on how to challenge a negative decision

Specific rights of unaccompanied minors (children):

Unaccompanied minors have the right to be represented and assisted by a representative (a person or an organisation appointed by the competent bodies) throughout the asylum procedure. The role of the representative:

• To assist and represent an unaccompanied minor in asylum procedures with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary
• Shall perform his duties in the best interests of the minor
• Shall also have the necessary knowledge of the special needs of minors
• Is given the opportunity to inform the unaccompanied minor about the meaning and possible consequences of the personal interview and, where appropriate, how to prepare himself for the personal interview.
• Shall be present at the interview and may ask questions or make comments

Furthermore:

• Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be eligible to become representatives
• To be immediately informed of the appointment of a representative
• To be provided with legal and procedural information, free of charge
• Where an unaccompanied minor has a personal interview on his application for international protection, that interview is to be conducted and the decision prepared by a person who has the necessary knowledge of the special needs of minors

Obligations of Asylum-seekers

The asylum-seeker has the following obligations:

• To cooperate with the International Protection Agencywith a view to establishing his identity and other elements referred to in law
• Attend appointments at the International Protection Agencywithout delay or at a specified time
• Inform the authorities of his current place of residence or address and of any changes thereof as soon as possible
• Hand over all documents in his possession
• Be subject to search
• Oral statements may be recorded subject to the applicant being previously informed
• Be photographed and have his fingerprints taken

Rights and obligations related to reception

Once an asylum-seeker has filed an application for international protection, he/she has the following rights and obligations:

Information

The right to be informed of rights and obligations relating to reception conditions (including information on organisations or groups of persons that provide specific legal assistance and organisations that might be able to help or inform him concerning the available reception conditions, including health care) in a language that the applicant may reasonably be supposed to understand.

Documentation

The right to be provided with documentation in his own name certifying his status as an asylum-seeker or testifying that he is allowed to stay in Malta while his application is pending or being examined.

The International Protection Agency issues an Asylum-seeker Document (usually valid for 3 months)

Asylum-seekers may be provided with a travel document when serious humanitarian reasons arise that require their presence in another State.

Medical screening and healthcare

• Asylum-seekers may be required to undergo medical screening on public health grounds.
• The right to emergency health care and essential treatment of illness and serious mental disorders.
• Medical and other assistance shall be provided to applicants who have special reception needs, including mental health care.

Education and vocational training

• Minor children of asylum-seekers and asylum-seekers who are minors shall have access to the education system under similar conditions as Maltese nationals.
• Member States may allow asylum-seekers access to vocational training irrespective of whether they have access to the labour market.
• In practice, asylum-seekers in Malta may apply for exemptions from fees payable at state educational institutions (covering compulsory education, vocational studies, MCAST, tertiary studies e.g. University of Malta, and adult learning e.g. Lifelong Learning courses)

Employment

The right to access the labour market after the lapse of nine months from the date when the application was lodged:

• Asylum-seekers cannot have an employment licence (work permit) in their own name but must find an employer willing to apply for an employment licence for them to perform a specific job. Whenever there is a change in job and/or or employer, a new employment licence must be applied for
• Employment licences are valid for up to 6 months
• In practice, asylum-seekers can access the labour market immediately after lodging their asylum application, as long as they find an employer willing to apply for their employment licence.

Material reception conditions

The right to material reception conditions, including:

Housing

• Accommodation in a centre, usually up to one year;
• Families, single women, UASMs, and single men are housed separately where possible.
• A standard Service Agreement delineating open centre rules and obligations is signed by residents
• Food and clothing, provided in kind, or as financial allowances or in vouchers,
  • Meals are provided in AWAS-run open centres;
  • AWAS has stores containing clothing items which are distributed according to needs.

• A daily expenses allowance:
  • Residents register for the daily allowance (amounting to approximately €130 monthly) 3 times a week in open centres.
  • Asylum-seekers are not entitled to any other welfare benefits.
• Legal advisors or counsellors of asylum-seekers and representatives of the UNHCR or NGOs shall be granted access to open centres and other housing facilities in order to assist asylum-seekers.

Vulnerable persons

• Account of the specific situation of vulnerable persons (including minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms or psychological, physical or sexual violence, such as victims of female genital mutilation) found to have special needs (after an evaluation by AWAS) shall be taken in the provision of material reception conditions and health care (including mental health care)
• Minors:
  • minors who have been victims of any form of abuse, neglect, exploitation, torture or cruel, inhuman and degrading treatment or who have suffered from armed conflicts shall be given access to pertinent rehabilitation services, further to being provided with the required mental health care.
  • applicants identified as minors shall not be detained, except as a measure of last resort
  • unaccompanied minors shall be accommodated in centres specialised in accommodation for minors or in any other accommodation suitable for the minor or entrusted either to his adult relatives or a foster family
  • An unaccompanied minor aged sixteen years or over may be placed in accommodation centres for adult asylum-seekers
  • The best interests of the child shall constitute a primary consideration. When considering the best interest of the child due regard shall be taken to the possibilities of family reunification, the minor’s general well-being and social development, safety and security considerations, and the views of the minor in accordance with his age and maturity.
  • Minor asylum-seekers shall have access to leisure activity
  • The entity responsible for the welfare of asylum-seekers shall, with the assistance of international organisations as necessary, initiate procedures to trace the family members of applicants who are unaccompanied minors.

Withdrawal of reception conditions

• Reception conditions may be withdrawn where an asylum-seeker: abandons the place of residence, does not comply with reporting duties or with requests to provide information or to appear for personal interviews concerning the asylum procedure during a reasonable period laid down in national law.

N.B. If detained, the asylum-seeker has the right to be issued a detention order in writing in a language which the asylum-seeker is reasonably supposed to understand and the right to be informed of procedures to challenge detention and obtain free legal assistance and representation.

References

Refugees Act https://legislation.mt/eli/cap/420/eng/pdf

Asylum Procedures (Application For A Declaration) Regulations http://justiceservices.gov.mt/downloaddocument.aspx?app=lom&itemid=10658&l=1

Asylum Procedures (Means Of Facilitating Identification Of Applicant) Regulations http://justiceservices.gov.mt/downloaddocument.aspx?app=lom&itemid=10659&l=1

Reception Of Asylum-seekers Regulations https://legislation.mt/eli/sl/420.6/eng/pdf

Procedural Standards For Granting And Withdrawing International Protection Regulations https://legislation.mt/eli/sl/420.7/eng/pdf

Policy On Exemptions From Fees At State Educational Institutions https://education.gov.mt/en/resources/news/documents/policy%20on%20exemption%20from%20fees%20-%20updated%20sept%202013.pdf

Employment Licence Application Checklist for an Asylum-seeker or Failed Asylum-seeker https://jobsplus.gov.mt/resources/fileprovider.aspx?fileId=2644