Detention down to nine months in new migration strategy

Asylum seekers will be detained for no more than nine months and will become entitled to access to the labour market in accordance with the re-cast Reception Conditions Directive, a new migration policy published by the government states.

A strategy for the reception of asylum seekers and irregular migrants is being published by the Ministry for Home Affairs and National Security, following a period of public consultation.

The amendments also come in response to demands by the Council of Europe’s committee of ministers, calling upon Malta to adhere to rulings by the European Court of Human Rights after three migrants successfully challenged their prolonged detention.

In all three cases, the ECHR declared that the Maltese legal system did not allow them to challenge their detention in an effective and speedy manner.In 2013, the Court declared that one of the three migrants, Suso Musa, had been detained arbitrarily after it took over six months to determine his asylum application, as well as raising concerns about the conditions of the detention centre. Following Musa’s case, the ECHR slapped the Maltese government with a €27,000 fine in damages and costs to Musa, and ordered it to amend the law to allow asylum seekers to challenge their detention within a time-frame deemed fair by the Geneva Conventions. It also advised Malta to limit its detention periods and to improve its detention conditions.

During a meeting held with a number of non-governmental organisations in the migration field, Minister Carmelo Abela said this strategy ensured the adoption of a comprehensive approach to the reception of asylum seekers and irregular migrants.

“It seeks to draw a balance between humanitarian needs and security requirements. The aim was to ensure that the rights of asylum seekers were secured without jeopardising the security of the country,” Abela said.

The minister also added that the measures meet the criteria required by the European Court of Human Rights in its judgements relating to Malta and that they are in line with the high standards deriving from EU legislation, through the European Reception Conditions Directive.

The document provides for a system for the initial reception of recently arrived migrants, as well as for initiatives relating to detention and open centre accommodation. It meets the Government’s pledge not to detain minors and vulnerable persons.

The Ministry will now be working towards implementation, addressing the re-organisation of Malta’s reception systems, and strengthening procedures that identify those who are in clear need of international protection.