Author
Maltese law does not distinguish between the various procedures to determine entitlement to reception conditions, nor does it establish any distinction in the content of such conditions linked to the kind of procedure. Relevant legislation simply refers to “applicants”, defined as a person who has made an application for international protection.[1]
Despite this, NGOs report that in 2023 challenges were faced by some applicants in being defined as such by IPA and, therefore, in securing access to reception conditions. Examples include applicants in the Dublin out-going procedure pending their departure from Malta, applicants filing an application following a revocation or withdrawal of their international protection status in Malta or in another EU MS.
No reference is made to the duration of entitlement to reception conditions, the six-months’ deadline being a policy implemented by AWAS.
Material reception conditions shall be available for applicants from the moment they make their application for international protection. According to the law, reception conditions are available for “applicants [who] do not have sufficient means to have a standard of living adequate for their health and to enable their subsistence”.[2] Applicants with sufficient resources or who have been working for a reasonable amount of time may be required to contribute to the cost of material reception conditions. However, no specific indication is provided as to the level of personal resources required, and it is unclear how this is determined, and by whom. It is also unclear as to whether an assessment of the risk of destitution is actually carried out. Asylum-seekers are not formally required to declare any resources, keeping in mind that the vast majority of applicants in Malta arrive irregularly by boat and do not have any resources.
Applicants arriving regularly, or who were already present in Malta are entitled to reception conditions in the same manner as those coming irregularly by boat. They rarely request a space in an open centre but can always access this service in the event where they would not be able to maintain themselves in the community. Reception conditions are similarly available to Dublin returnees
The Reception Regulations provide that asylum-seekers who feel aggrieved by a decision relating to the Regulations may be granted leave to appeal before the Immigration Appeals Board, established by the Immigration Act.[3]. In practice, issues are settled between NGOs and AWAS through informal requests.
Whilst the Reception Regulations apply to all asylum-seekers, in practice, reception conditions may not be offered to asylum-seekers who might have benefitted from them earlier and subsequently departed from the open centre system. This is generally the case for persons who have submitted subsequent applications. As a matter of policy, persons departing from the open centre system are not generally authorised to re-enter it, consequently leading to them being excluded from reception conditions. However, AWAS has indicated that some individuals may be authorised to return to reception centres through the Agency’s intake system, although this is rarely the case. Usually, those persons are asked to come to AWAS’ office to apply for accommodation. An assessment is then made by a social worker who first tries to refer the person to the mainstream services. No formal criteria exist to decide on why certain persons can be reintegrated in reception centres, but AWAS indicated that vulnerability is taken into account as a priority.[4] It is not clear whether persons receive formal decisions on their application for re-entry.
A limited number of NGOs also provide accommodation to applicants, together with beneficiaries of international protection and possibly other migrants. These NGO services are incorporated within the reception system and coordinated by AWAS.
[1] Regulation 2 of the Reception Regulations, Subsidiary Legislation 420.06 of the Laws of Malta.
[2] Regulation 11(4) of the Reception Regulations, Subsidiary Legislation 420.06 of the Laws of Malta.
[3] Regulation 16 of the Reception Regulations, Subsidiary Legislation 420.06 of the Laws of Malta.
[4] Information provided by AWAS, January 2019.