Repatriating failed asylum seekers

The government is rightly seeking EU aid to repatriate failed asylum seekers - people whose claim of asylum has been refused, even on appeal. The asylum system has clear criteria, which have to be respected. The simple and cruel truth is that hunger and misery alone does not make you eligible for protection.

Therefore, the immediate expulsion of people who are refused asylum is necessary for the system to function and to be respected by society at large.

The problem is what to do with people whose claims have been rejected not now, but a number of years ago.

The government claims that there are around 1,000 people living in Malta who had their asylum status rejected by the competent bodies. 

It is not clear how many of these are still living in Malta (for probably many have left Malta) and for how long they have been living here. It is not clear how many of these have been granted protection simply because they have been living here for a number of years.

These people have exercised their right according to international law to seek asylum.  They should not be considered as criminals. In many cases it was the Maltese state which allowed them to stay here, simply because either the state could not afford to send them back or because it had no idea where to send them. But time has not stood still for these people. These people have grown up, created bonds and probably even contributed to our economy by working here.

One can say that the fact that they have lost their asylum claim means that the state can legally send them back any time. But the reality is more complex than that. 

Neither does this absolve us from our humanitarian duties towards these people.

First of all one has to check for how long these people have been living here. Has the situation in their country changed in any way that affects their safety if they are sent back? Do we even know from which country they hail in the first place and if that is the case where are we going to send them back? Have these people formed human bonds while living here and do they have families and children? Should we separate these families or contemplate expelling minors?

Moreover how is the government planning to trace these people? Rounding up immigrant communities to single out failed asylum seekers could be a very messy process, which should surely be avoided.

Surely there are no simple answers to these questions, which can only be answered if each case is treated with the sensitivity it deserves. 

In far less sensitive matters our country can be very lenient towards crude fiscal or planning illegality. A few examples may suffice; the sanctioning of illegal development by our planning authority and the fact that the present budget contemplates yet another repatriation of funds scheme for tax evaders.

When it comes to human lives the stakes are much higher than in planning and tax evasion. A one-time amnesty for people who have lived here for say more than five years should be considered to bring these people within the law before we embark on a mass expulsion of people. Alternatively a legally constituted board should review the case of each individual before failed asylum seekers are sent back.