Malta urged to create formal status for ‘stateless’ migrants and asylum seekers

Human rights NGOs and charities are calling on the Maltese government to fulfil its international obligations to establish a formal procedure that determines when asylum seekers are “stateless” – meaning a person who is not considered as a national by any State under the operation of its law.

In 2019 Malta acceded to the 1954 Convention Relating to the Status of Stateless Persons, yet to data Malta has not taken the legislative or administrative steps necessary to fulfil its new Convention obligations.

As a result of this omission, stateless persons in Malta remain unidentified and vulnerable to violations of their fundamental human rights including. Examples include the rights to education, employment, freedom from discrimination, housing, personal liberty, family and private life.

Without a formal procedure to determine statelessness, Malta is unable to gain the necessary insights into the nature and size of its stateless population. “Due to this, it is prevented from taking those steps that could remedy and prevent statelessness,” Aditus director Neil Falzon said.

Since 2020, Malta is no longer accepting new applications for a route to regularisation it had introduced in 2018 for people refused asylum and unable to leave the country or be returned.

The International Protection Agency may grant Temporary Humanitarian Protection (THP) where someone has been refused asylum, but obtains protection for exceptional humanitarian reasons.

The THP was a discretionary policy, which in 2020 was converted to law and embedded in the International Protection Act. It is possible for stateless persons to be granted international protection, also on the basis of them being stateless.

A person granted THP can access a renewable residence permit for one year, healthcare, and the labour market. A regularisation route was introduced between 2018 and 2020 for refused asylum seekers who entered Malta before 2016 and who were unable to be returned, could show at least five years’ residence, and efforts to integrate: the Specific Residence Authorisation (SRA). This provided a two-year residence permit with access to a range of socio-economic rights, but it has now been discontinued and new applications are not permissible.

Although these alternative routes to regularisation may provide some form of protection for some stateless people, no rights are granted to stateless people in Malta purely based on their statelessness.

Whilst discussions with the Ministry for Home Affairs remain ongoing, Aditus’s briefing note urges the Maltese government to establish a statelessness determination procedure that is accessible, fair and efficient, and that leads to a dedicated status with clear rights attached to it.

“We look forward to further engaging with the Ministry with a view to supporting Malta’s fulfilment of its international obligations and upholding the fundamental human rights of stateless persons,” Falzon said.

The Briefing Note was prepared by aditus foundation with the support of the European Network on Statelessness, and endorsed by African Media Association, Blue Door English, The Critical Institute, Daphne Caruana Galizia Foundation, Integra Foundation, Jesuit Refugee Service (Malta), KOPIN, Migrant Women Association (Malta), Platform for Migration, Spark 15, Women's Rights Foundation.