UNHCR demands access to asylum seekers as pushback is halted

The United Nations High Commission for Refugees in Malta has requested access to a group of 102 men, women and children rescued and brought to Malta by the Armed Forces of Malta, after UNHCR representative Jon Hoisaeter was refused permission to enter the police headquarters where the migrants were being held.

UNHCR had visited part of this group, all Somali nationals, at the Lyster detention centre, where several individuals confirmed their wish and intention to apply for asylum.

"UNHCR had expected such access in view of the formal agreement with the government of Malta which has undertaken 'to grant UNHCR personnel an unimpeded access to refugees and other persons of concern to UNHCR'," Hoisaeter said. "UNHCR's access to asylum seekers is prescribed in terms of Maltese refugee and immigration legislation."

The European Court of Human Rights today granted an interim measure under Rule 39, effectively preventing the deportation of the people who arrived on the boat in Malta earlier this morning.

The Maltese government today confirmed that it was scheduling two Air Malta flights to Mitiga airport in Libya, to send back some 45 asylum seekers.

The purpose of Rule 39 measures is to allow time for further assessment in cases where people facing deportation may be facing serious and irreversible harm.

"UNHCR Malta reiterates that given the current situation in Libya, forced return or push-back of asylum seekers is not an option, as this would constitute a breach of international law," Jon Hoisaeter said.

"The asylum issue is not one that can be solved in one action, no matter how determined. And it is also not a question of either-or approaches. Rather it is about building on what has already been achieved, working in multiple directions towards long term solutions both in Malta and in other countries."