Author
National legislation literally transposes the recast Reception Conditions Directive regarding the definition of applicants with special needs and provides that “an evaluation by the entity responsible for the welfare of asylum-seekers, carried out in conjunction with other authorities as necessary shall be conducted as soon as practicably possible”.[1]
The amendments of December 2021 (Legal Notice 487 of 2021) introduced new provisions for vulnerable applicants to the Reception Regulations, which now transposes the Directive more faithfully. The amendments include a more comprehensive implementation of provisions related to the material reception conditions of vulnerable individuals and the guardianship and care of minors.
In particular, the Reception Regulations now provide that “the entity for the welfare of asylum-seekers shall also ensure that support is being provided to applicants with special reception needs, taking into account their special reception needs throughout the duration of the asylum procedure, whilst conducting appropriate monitoring of their situation” and that “an unaccompanied minor shall be accommodated in centres specialised in accommodation for minors”.[2]
The Regulations, however, still provide that unaccompanied minors aged sixteen years or over may be placed in accommodation centres for adult asylum-seeker.
Specific measures provided by law for vulnerable persons are as follows: the maintenance of family unity where possible;[3] and particular, yet undefined, attention to ensure that material reception conditions are such to ensure an adequate standard of living.[4]
AWAS is responsible for implementing government policy regarding persons with special reception needs and is in charge of these assessments that are now mainly conducted in detention. Despite positive improvements in 2022 and 2023, NGOs report on-going difficulties for vulnerable people to receive appropriate care and support. The increasing reliance on detention as the primary reception model and it’s further entrenchment through the establishment of support services within the centres, has often led to persons identified as vulnerable being left in detention since it was deemed – by AWAS and/or the Immigration authorities – appropriate for them to receive support in the detention centres (see Identification).
In practice, all applicants are de facto detained under health grounds, including unaccompanied minors and other manifestly vulnerable persons. Furthermore, applicants coming from countries where removals take place are likely to be detained under the Reception Regulations once they are medically cleared, this includes persons claiming to be minors and other vulnerable individuals (See Detention of vulnerable applicants).
In Malta in 2022, EUAA personnel identified 273 persons presenting vulnerability indicators through vulnerability assessment for residents of reception facilities.[5]
The psychologists working in the therapeutic unit at AWAS provide psychosocial support to applicants following a referral from the Assessment Team. The support provided includes regular sessions and referral to psychiatric care if required. The psychologist will draft a report which can be requested by the applicant’s lawyer. However, delays in receiving the report oftentimes precludes lawyers from raising the vulnerability of their client before the competent authorities and appeal bodies (see Identification). Lawyers noted that, throughout 2023, they faced considerable challenges obtaining access to the clients’ files. They also noted inconsistencies in the reports and their conclusions.
Aside from the regular open reception facilities, there are no other facilities equipped to accommodate applicants with other special reception needs. All other vulnerable individuals are treated on a case-by-case basis by AWAS social workers, with a view to providing the required care and support.
Regarding dedicated reception centres for persons with special reception needs, AWAS confirms the observations made above, stating that they are housed at the Initial Reception Centre, Hal Far Tent Village and Hangar Open Centre. They are provided with accommodation in cabins or rooms located near the administrative buildings of each respective reception centre to ensure continuous monitoring and support from centre staff. Furthermore, LGBTIQ+ applicants are allocated to a designated area within one particular centre, namely the Ħal Far Open Centre-Families.
[1] Regulation 14 of the Reception Regulations, Subsidiary Legislation 420.06 of the Laws of Malta.
[2] Regulation 14 (b) of the Reception Regulations, Subsidiary Legislation 420.06 of the Laws of Malta.
[3] Regulation 7 of the Reception Regulations, Subsidiary Legislation 420.06 of the Laws of Malta.
[4] Regulation 11(2) of the Reception Regulations, Subsidiary Legislation 420.06 of the Laws of Malta.
[5] Information provided by the EUAA, 28 February 2023.