Access to the territory and push backs

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In 2023, the trend observed in 2022 of a decrease in the number of sea arrivals reaching Malta continued. UNHCR reports that there were 380 arrivals in Malta, compared to 444 in 2022, 832 in 2021 and 2,281 in 2020. The Agency also reported on the nationalities of those who reached Malta via sea: 62% were Bangladeshi, 9% were Syrian, 7% were Guinean, and the rest were composed of various nationalities.[1]

Access to the procedure was hindered to some applicants in 2023 through a speedy channelling to the Home Affairs Ministry’s voluntary return procedure. Lawyers visiting detention reported that at least one group of Bangladeshi nationals voluntarily returned to Bangladesh without having been informed of the possibility of seeking asylum. This situation was made possible due to a number of factors, including: limited information to detained persons on the right to seek protection, challenges for NGOs and other information-providers to access and monitor detention centres, active presence in detention of Ministry officials promoting voluntary return including by informing particular nationalities of their limited chances of receiving international protection with the consequential detention for a number of months. See relevant section on Procedural safeguards in relation to detention.

In May 2023 a Maltese delegation visited Eastern Libya to hold diplomatic talks with representatives of Field Marshal Khalifa Haftar. Malta’s delegation met with various entities, including representatives from the Armed Forces, the Coast Guard and the Interior Ministry. Talks included security and migration issues, including new cooperation possibilities following the renewal of the 2020 MOU.[2]

In relation to the latter MOU, although it contains reference to the establishment of two coordination centres funded by Malta (one in Libya and one in Tripoli), a Freedom of Information request revealed that no further information exists on these centres and their regulation. The request confirmed that three persons are engaged as coordinators with the Malta-Libya Coordination Centre.[3]

Arrivals by boat

Throughout 2023, it was reported on several occasions that Malta continued its policy of preventing access to its territory for persons arriving by sea. Furthermore, in 2023 the Home Affairs Ministry strengthened its negative rhetoric against NGOs rescuing people at sea, indirectly associating them with human trafficking networks and attributing to them the responsibility for deaths of people at sea.[4] The Government vehemently denied having adopted such an approach.[5]

This situation seems to be an escalation of practices adopted in previous years, within Malta’s broader policy goal of reducing the numbers of arrivals by sea. A 2021 OHCHR report confirmed numerous incidents of pushbacks orchestrated by the AFM and Malta’s failure to provide prompt assistance to migrants in distress in the central Mediterranean[6], whilst the Council of Europe Commissioner for Human Rights made the same observations in her 2022 report on her visit to Malta.[7]

In 2022, the European Centre for Constitutional and Human Rights (ECCHR) and Sea-Watch filed a Communication to the International Criminal Court (ICC) calling for an investigation of Prime Minister Robert Abela and his predecessor Joseph Muscat, among others, of the commission of crimes against humanity against migrants and refugees who have been intercepted at sea and systematically returned to and detained in Libya.[8]

The main case regarding criminalisation of rescue at sea was the El Hiblu case, going on since 2019.

El Hiblu

In March 2019, a group of 108 migrants escaping Libya were rescued by the merchant vessel ‘El Hiblu 1’ within the Libya SAR zone, but outside its territorial waters. At first, the ship continued towards Libya but changed its course shortly before reaching the Libyan coast and headed instead towards Europe. A Maltese special operation unit boarded the ship and disembarked the migrants in Malta. Upon arrival, the authorities arrested five asylum-seekers and subsequently charged three of them – all teenagers – on suspicion of having hijacked the ship which had rescued them, so as to prevent the captain from returning them to Libya. The three teenagers were immediately detained in the high-security section of prison for adults and charged with very serious offences, some falling under anti-terrorism legislation and punishable with life imprisonment. The three teenagers were released on bail in November 2019 and remain in Malta, pending their criminal proceedings.

The case is followed closely by the Office of the UN High Commissioner for Human Rights which urged Malta to reconsider the severity of the charges, and by Amnesty International which publicly stated that “the severity of the nine charges currently laid against the three youths appears disproportionate to the acts imputed to the defendants and do not reflect the risks they and their fellow travellers would have faced if returned to Libya. The use of counter-terrorism legislation is especially problematic”.[9] This case was taken up by Amnesty International as part of their international campaigning,[10] as well as by several other Maltese and international NGOs.[11]

On 6 November the Office of the Attorney General filed Bill of Indictment No. 49/2023 before the Criminal Court, including the same list of nine accusations as defined in the preliminary charges, namely: committing acts and activities of terrorism; illegally arresting or detaining the ship’s Captain and crew; unlawfully removing the ship’s Captain and crew to another country; committing private violence; causing fear that violence will be used against the ship’s Captain and crew.

The case remains on-going.

 Reported incidents in Malta’s Search and Rescue Zone[12]

On the basis of a policy of “prevention, return and relocation”,[13] many reports attested to the fact that people at sea attempting to reach safety were met with the same obstacles as in previous years: pushbacks and pullbacks, delayed assistance, and refused assistance. Additionally, these incidents remain shrouded in mystery as to their facts and decision-making processes since the authorities repeatedly refused to divulge relevant details or open investigations, including when the incidents involved deaths.

A Times of Malta Editorial highlighted the issue of transparency within the Armed Forces of Malta (AFM) regarding their operations related to migrant rescue in Maltese waters. The Editorial commented that, despite its responsibility for sea rescue missions and the use of public funds, the AFM has been reticent to divulge essential information, citing security concerns and potential exploitation by criminal elements. In the opinion of the Editorial, this lack of transparency raises questions about accountability and potential political influence. While the Home Affairs Minister provided partial data in a Parliamentary session, the AFM’s reluctance to share comprehensive information perpetuates an atmosphere of secrecy, impeding public understanding and integration efforts while leaving room for narrative manipulation.^[14]

Throughout 2023, Sea-Watch reported that around 588 individuals on three boats were returned to Libya from the Maltese SAR zone, with alleged involvement of the Tareq Bin Zeyad vessel. There are suspicions of Frontex’s involvement in one case. The Tareq Bin Zeyad brigade, connected to Haftar’s son, has a history of international law violations.^[15]

Between January and February of 2023, the following incidents were reported:

• 1 boat with 30 people rescued by NGO vessel Sea-Eye 4, 2 bodies recovered, disembarked in Naples, Italy;
• 2 boats with 54 people rescued by Italian authorities, disembarked in Italy;
• 1 boat with around 37 people, outcome unknown;
• European Border and Coast Guard Agency Frontex was involved in at least 3 boat sightings by Seabird 2. 1 boat was rescued by NGO vessel Sea-Eye 4, 2 by Italian authorities;
• 10 empty boats were sighted, and 1 was sighted twice. 1 was the likely remains of a rescue operation conducted by Italian authorities. The destine of the passengers of the 9 other empty boats remains unknown.^[16]

More specifically, on 19 and 20 February 2024, Maltese authorities instructed merchant vessels not to rescue or share information with NGOs.^[17]

On 20 February, Seabird 2 found two distressed boats in the Maltese SAR zone. The merchant vessel Adarose initially approached but subsequently retreated, citing lack of instructions and fear of migrants. Seabird 2 found the boats with engines off and people in distress. The Maltese authorities claimed to have no information whilst Italian authorities initially did not provide assistance. The people involved were rescued by the Italian authorities on 21 February after two days of non-assistance, and disembarked in Pozzallo, Italy.^[18]

In March, the following incidents were reported:

• Around 30 people on 1 boat in distress were intercepted by the Tunisian Coast Guard in the Maltese SAR zone;
• Italian authorities rescued 270 people on 6 boats and disembarked in Italy;
• NGO vessels Louise Michel and Life Support5 rescued 39 and 38 people respectively, who were disembarked in Italy;
• Outcomes for around 1,500 people on about 50 boats in distress are unknown;
• Frontex was likely involved in incidents involving 568 distressed persons on 14 boats sighted by Seabird 2. 13 were in the Maltese SAR zone: 3 rescued by Italian authorities, 1 by NGO vessel Louise Michel;
• 30 empty boats were sighted, the outcome for the passengers is unknown.^[19]

On 11 March, 30 people in distress contacted the Alarm Phone, but European authorities failed to act. Despite immediate notification by Alarm Phone, Italian and Maltese authorities refused to assist, referring to Libyan authorities who claimed no available vessels. Eventually, on 12 March, the merchant vessel Froland rescued 17 people, while 30 remained missing. The Italian authorities issued an Inmarsat Message on 13 March to all vessels to watch out for the missing persons.^[20]

In April, the Times of Malta reported a boat with approximately 500 people facing severe weather conditions in Malta’s SAR zone, following publication of information by Alarm Phone. Despite repeated attempts to contact Maltese and Italian authorities, there was no response. Distressed passengers have described dangerous circumstances, with Alarm Phone expressing relief that the vessel survived the night amidst the tumultuous weather. However, communication remained challenging, hindering rescue efforts. Two merchant vessels attempted to assist, but proper rescue operations were difficult due to the weather conditions.^[21]

It was subsequently reported that 440 people, including 8 women and 30 children, were rescued by an NGO ship in the sea between Malta and Libya, within Malta’s SAR zone, and taken to Italy after spending four days battling a storm in a boat lacking food and water, as reported by Doctors Without Borders (MSF). Despite difficulties due to heavy seas, MSF successfully completed the rescue operation. Alarm Phone had previously warned of 500 lives at risk within Malta’s search and rescue zone, while two merchant vessels attempted to shield the boat from large waves. MSF dispatched boats to distribute life jackets and assess rescue feasibility. One survivor was airlifted to Malta by helicopter. Alarm Phone criticized EU inaction, praising non-state actors for their response. The Times of Malta sought comments from Armed Forces Malta (AFM) and the Home Affairs Ministry, receiving no response by the time it published its article on the situation. MSF later announced that Italian authorities planned to transfer 100 people to an Italian navy ship off Sicily, with 339 others to be disembarked in Brindisi.^[22]

In the same month, the Times of Malta reported that four women were unconscious, and several migrants were on the verge of jumping overboard from a fishing boat carrying around 400 individuals adrift between Malta and Greece. Alarm Phone expressed concern over the authorities’ response, alleging a violation of maritime law. The Maltese authorities reportedly directed a cargo ship to provide fuel instead of coordinating rescue efforts. The Armed Forces of Malta declined to comment on the situation. The migrants involved might have departed from Tobruk, Libya. Sea Watch International located the distressed boat and reported that two merchant ships were instructed not to conduct a rescue. Italy’s Coast Guard then launched rescue operations, with assistance provided by the Coast Guard ship Diciotti and two merchant vessels, approximately 170 miles southeast of Sicily’s Capo Passero, as confirmed by Italian authorities.^[23]

Again in April 2023, Alarm Phone accused Malta of failing to initiate rescue operations for two distressed boats within its SAR zone. The organization claimed on Twitter that Malta’s lack of assistance put the lives of approximately 60 individuals at risk. Despite offers of support from a nearby merchant vessel and the #LifeSupport organization, Malta reportedly declined to authorize a rescue operation. Alarm Phone emphasized the rapidly deteriorating weather conditions and stressed the immediate need for rescue efforts.^[24]

April further saw the rescue of approximately 60 migrants by merchant vessels following orders from Maltese authorities, according to the migrant emergency hotline Alarm Phone. Alarm Phone had criticized Maltese authorities for initially refusing to order rescue operations for the two boats carrying the migrants, describing it as a concerning delay in humanitarian assistance. The incident underscored ongoing tensions between Italy and Malta regarding migrant rescue efforts. While Maltese authorities deny systematically ignoring rescue calls, criticisms from NGOs like Sea Watch highlight ongoing concerns about coordination and response in the region. Times of Malta reached out to both the Home Affairs Ministry and the Armed Forces of Malta (AFM) for further clarification.^[25]

At the end of April the migrant rescue ship Ocean Viking, operated by the French charity SOS Mediterranee, saved 153 people in distress in Malta’s search and rescue zone, with coordinated operations led by Italian maritime authorities. The rescues involved 59 and 65 individuals on two wooden boats and later 29 people on a fibreglass vessel, all severely dehydrated after being at sea for five days, enduring two days without food or water. Another 15 migrants were rescued in the same area the day before. The Ocean Viking was directed to disembark the migrants in Civitavecchia, approximately 1,000km away, with Maltese authorities largely disregarding calls for help from migrant rescue vessels. The new Italian government, focused on halting arrivals, asserted that charity vessels in the area flying the flags of specific countries, such as France and Germany, have a duty to take in some of those rescued.^[26]

On 23 May, another incident unfolded in the maritime region near Malta. Approximately 500 individuals embarked on a perilous journey fleeing Libya, aiming to reach European shores aboard a fishing vessel. However, their voyage encountered a critical setback when the vessel’s engine malfunctioned, leaving them stranded in the midst of the Maltese SAR zone, over 320 kilometres away from the Libyan coast.^[27]

On 22 June 2023, a distress alert was received from a rubber boat carrying 14 individuals, who had departed from Libya the previous day and found themselves adrift within the Maltese SAR zone after running out of fuel. Despite immediate notification to the Maltese and Italian authorities, more than 38 hours passed before the MSF rescue vessel Geo Barents reached the scene. Regrettably, upon arrival, it was discovered that one individual had gone overboard and is presumed to have drowned.^[28]

Civil society organisations and survivor testimonies gathered aboard the MSF rescue vessel have meticulously reconstructed the chronological sequence of events, painting a concerning picture of Malta’s actions. Malta seemingly neglected its duty to coordinate rescue efforts, endangering the lives of those on board, and actively sought to evade responsibility for aiding the distressed vessel. Despite its legal obligation under maritime conventions, Malta instructed a merchant vessel not to intervene and dispatched its patrol boat twice to provide fuel, disregarding desperate pleas for assistance from those aboard the distressed dinghy, as recounted by survivors.^[29]

In September and October 2023, the following incidents were reported:

• 70 people were rescued by Italian authorities from 1 distressed boat in the Maltese SAR zone;
• Outcome unknown for about 305 people on 6 other distressed boats;
• Frontex is possibly involved in rescuing 70 people from 1 distressed boat spotted by Seabird 2. Seabird 2 sighted 5 empty boats in September; outcomes unknown.^[30]
• 225 persons, on board 8 boats, were rescued by 4 NGO vessels (4) and disembarked in Italy;
• 532 persons, on board 7 boats in distress, were rescued by the Italian authorities or arrived independently in Lampedusa, Italy;
• Around 40 persons, on board 1 boat in distress, were possibly rescued by the Armed Forces of Malta and disembarked in Malta;
• The outcome for 313 persons, on board 8 boats in distress, remain unknown;
• About 468 individuals on 5 boats were involved in Frontex narratives, with 63 rescued by NGO vessel Geo Barents, around 295 rescued by Italian authorities or arriving independently in Italy, and outcomes unknown for 110 individuals on 2 boats;
• 49 empty boats were sighted, without further information available on the outcomes of their passengers.^[31]

On 1 October, two cases of distress at sea involved a number of between 40 and  50 persons. The Maltese authorities opted for requesting assistance to be provided by private vessels instead of launching a rescue operation, causing a delay of 2 days. Despite Alarm Phone’s notification and an aircraft sighting by Italian military authorities, assistance was delayed. Seabird 2’s crew, along with merchant vessels, responded to the distress cases. The Maltese authorities were unresponsive, and the situation escalated when the private vessels Traiguen and Darya Mira were advised against taking instructions from an aircraft and were told to stand by. Attempts to contact other EU MS for assistance were unsuccessful. Eventually, the Armed Forces of Malta rescued the individuals in one of the situations, while the Italian authorities likely rescued those in the other.^[32]

On 20 October, the Tareq Bin Zeyad vessel, associated with Haftar’s militia, allegedly intercepted distressed individuals in the Maltese SAR zone and pulled them back them to Libya. Alarm Phone had notified authorities on 19 October about persons in distress, but on the following day, Seabird 2’s crew could not locate them. The Nippon Princess, a merchant vessel, confirmed the interception by Tareq Bin Zeyad in the Maltese SAR zone.On 26 October, a further case involving 18 persons was reported to Alarm Phone. Seabird 2’s crew spotted the distressed individuals in the Maltese SAR zone the next morning. The merchant vessel Pan Mutiara, under orders from Maltese RCC, was instructed to wait without further information on a rescue operation. Despite the lack of deployment of rescue assets by European authorities, NGO vessel Ocean Viking intervened and rescued the 18 persons, relieving the merchant vessel from over 7 hours of being left alone at sea.^[33]

In May, Alarm Phone reported losing contact with a boat carrying approximately 500 individuals fleeing from Libya with the last known position being within Malta’s search and rescue (SAR) zone. Alarm Phone relayed information regarding the situation, revealing that the boat was taking on water, forcing occupants to seek refuge on the upper decks after water entered the lower deck. The boat, which encountered engine failure several days after departing Libya, was situated between Greece and Malta. Despite surviving the night, those aboard remained adrift, prompting urgent pleas for assistance from Alarm Phone. The Maltese authorities were notified of the distress situation, with appeals made for immediate rescue efforts.^[34] In relation to this incident, the Armed Forces refuted NGO assertions alleging their involvement in forcibly returning the 500 individuals to Libya, citing a lack of evidence for such claims in the reported location. According to the AFM, despite conducting multiple searches, the vessel in question was not sighted, with Maltese authorities emphasizing their lack of jurisdiction in international waters. various NGOs accused Maltese authorities of directing the vessel back to Libya, with allegations emerging that its occupants are now detained in a prison in Benghazi. The Times of Malta could not independently verify claims of a pushback to Libya.^[35]

Also in May, a distress call from a migrant emergency hotline urged European authorities to intervene and rescue 29 individuals stranded in perilous conditions in Maltese waters. Early Monday, Alarm Phone reported two boats in distress, one carrying 34 people, amidst deteriorating weather conditions. Regrettably, communication was lost with one boat, while the other, though having spotted nearby cargo ships, remained unaided by 4 pm. Alarm Phone underscored the critical nature of the situation, citing the presence of significant waves and emphasizing the immediate need for rescue, either by EU authorities or nearby vessels. Additionally, the Luqa Met Office issued a yellow warning for strong winds late Monday, with further adverse weather predicted for Tuesday in Malta. Times of Malta has sought comment from the Armed Forces of Malta and the Home Affairs Ministry for additional information.^[36]

In August, a vessel carrying approximately 500 individuals was battling harsh weather conditions within Malta’s search and rescue zone, according to a report by Alarm Phone. Despite multiple attempts to contact authorities in Malta and Italy, no response was received. Distressed passengers onboard reported perilous conditions, prompting concerns for their safety. Alarm Phone expressed relief that the vessel survived the night amid the challenging weather conditions. However, communication difficulties persisted, impeding rescue efforts. Although two merchant vessels endeavoured to assist, the adverse conditions made proper rescue operations challenging. The response to this crisis from Malta raised questions, with international observers calling for swift action to ensure the safety of those at sea.^[37]

That same month, the Times of Malta published data regarding Malta’s SAR activities following an in-depth investigation that included largely unsuccessful attempts at obtaining information through official channels^[38]. According to The Times, the influx of migrants to Malta dwindled in recent years, contrasting with the consistent number of rescues within Maltese SAR waters in previous years, which averages around 2,900 annually. In 2022, only 444 migrants arrived in Malta, despite 2,926 individuals being rescued in Maltese SAR, according to data from Times of Malta. This represents a significant decline from 2021, which recorded 832 sea arrivals and 2,300 rescues, and from 2020, when 2,281 migrants reached Malta, with 3,377 being rescued at sea. The data on SAR rescues was provided by the Armed Forces of Malta following a decision by the Data Protection Commissioner, while information on migrant arrivals was obtained from UNHCR periodic reports due to authorities consistently declining direct requests for data, citing national security concerns.

The Times of Malta pursued data regarding Malta’s response to migrants and potential international law violations. Despite initial denials, the news outlet continue presenting Freedom of Information requests and appeals to the Information and Data Protection Commissioner. While the Commissioner acknowledged requests for the number of people rescued, they declined to disclose specifics on their destinations. The Times of Malta contested this decision, emphasizing their interest solely was focused in obtaining statistical data. Despite government claims of cooperation with Libya, data shows a consistent number of rescues in Maltese SAR waters, alongside an increase in arrivals to Europe via the central Mediterranean route, indicating ongoing challenges in managing migration flows.

In October another distressing situation unfolded in Malta’s SAR zone as a group of 44 individuals urgently required assistance. Despite alerts to authorities and the presence of nearby merchant vessels, the survivors remained adrift without water, food, or medical aid. Concerns arose over potential delays in rescue efforts, with updates highlighting the precarious conditions faced by the distressed individuals amid rough seas and overcrowded conditions. Calls for action were directed towards Armed Forces Malta and the Home Affairs Ministry, prompting inquiries into the response protocol.^[39]

Towards the end of December, Sea-Eye conducted a rescue effort in Malta’s waters, saving over 100 individuals, including 40 children, from distress. The rescue unfolded south of Lampedusa, within Malta’s SAR zone, involving minors as young as five and teenagers fleeing alone from countries like Guinea and Mali. Despite notifying the Maltese RCC, Sea-Eye reported a lack of response, leading to the Italian Rescue Coordination Centre directing their vessel, SEA-EYE 4, to the port of Brindisi for disembarkation. The rescued individuals hailed from various African states, originating their journey via Tunisia.^[40]

Criminalisation of asylum-seekers arriving by air

Concerns have been raised regarding the criminalisation by the authorities of the use of false documentation by asylum-seekers in their attempt to enter Malta[41]. Asylum-seekers entering Malta with fake documents are brought before the Magistrates Court (Criminal Judicature) and in most cases condemned to serve a prison sentence. The prosecutions are based on the Maltese Criminal Code in its Article 189[42] and the Immigration Act in its Article 32 (d),[43] which foresee the use of false or forged documents as invariably constituting a criminal offence, with no exception for refugees in law, practice or jurisprudence. The person is generally remanded in custody at the Corradino Correctional Facility for the entire duration of the criminal proceedings, which generally last for about one to two months from the date of institution of the proceedings. The accused are entitled to request the appointment of a legal aid lawyer, or to hire a private lawyer should they have access to one. If found guilty, the Court may sentence the asylum-seeker to either a fine of not more than around €12,000 or a maximum imprisonment term of two years, or for both the fine and imprisonment. It is noted that decisions are largely unpredictable, as some individuals have also been sentenced to imprisonment yet with a suspended sentence for a number of years.

In the past years, several cases of applicants for international protection imprisoned and convicted for that reason have been reported, including cases of very young individuals. NGOs expressed their concern over the situation as this criminalisation goes against the provisions of the 1951 Geneva Convention and penalises persons opting not to risk their lives at sea.[44] Although the prison authorities would generally refer to IPA anyone expressing a wish to seek asylum, in practice unless a lawyer or an NGO assists them, it is difficult for these individuals to effectively access the asylum procedure before the end of their sentence.

It is difficult to assess how many asylum-seekers are currently held in prison on the basis of such convictions as these cases rarely mention whether the accused attempted to enter or to leave Malta and whether they expressed their will to apply for asylum and it is likely that the number of asylum-seekers entering Malta on fake documents is significantly lower than the number of people attempting to abscond from Malta. Efforts by the aditus foundation urging amendments to Malta’s legislation to reflect the provisions of the 1951 Convention have proved unsuccessful.

Whilst a ‘not guilty’ verdict is difficult to secure due to the legal situation created by local legislation, in certain cases, the court has decided to implement suspended sentences rather than effective imprisonment convictions. However, the provision of suspended sentences is not the norm, and highly depends on the accused’s circumstances, quality of legal assistance, vulnerabilities and motivations in the past. Furthermore, suspended sentences are nonetheless added to the person’s criminal conduct certificate, potentially affecting future employment possibilities.

Relocation

According to IOM, Malta is included in the list of five first-line Member States benefitting from relocation under the 2022 Solidarity Declaration and EU – funded Voluntary Solidarity Mechanism (VSM). In coordination with the European Commission, the respective national authorities involved and other stakeholders, such as the EUAA, IOM will ensure that people benefitting from this assistance are adequately prepared for and subsequently transferred to the Member State of Relocation (MSR) in safety and dignity and on a voluntary basis, receiving comprehensive support throughout the entire process.

Whereas in 2022, IOM facilitated the relocation from Malta of 14 asylum-seekers,  as of September 2023 104 asylum-seekers were relocated from Malta to other EU MS[45].[46] No information was provided on  the Member States of relocation, or the criteria used in their selection.

In a statement welcoming the relocation programme, the Home Affairs Minister commented that, in the first half of 2023, Malta managed to reduce the number of arrivals and relocate the same number of people that had arrived.

Legal access to the territory

No incoming relocation scheme, resettlement or humanitarian visa exist Malta.

Throughout 2023, the growing numbers of third-country nationals in Malta were at the centre of the public debate. With over 50,000 Single Work Permits granted to third-country nationals to work in several sectors, concerns were often expressed about the structural impact of these relatively high numbers as well as the difficult living conditions faced by many non-Maltese workers. Often dominated by nationalistic, possibly racist, sentiment, this conversation resulted in various political statements on the need to dramatically reduce numbers of foreign workers and change the national economic model. This approach, and the conversation itself, was juxtaposed with Malta’s harsh approach to persons seeking international protection, an approach based on the stated policy of ‘prevent, return, relocate’.[47]

An interesting case was decided in November 2022 by the Court of Appeal in its Inferior Jurisdiction. The case involved a Syrian national applying for a Single Work Permit in Malta, from Lebanon. Identitá rejected his application, arguing that: “(Y)our application is being refused on public policy grounds given the current situation in Syria. Malta does not provide legal avenues for persons to seek protection whilst residing in their own country and providing you with the facility to come to Malta, there is the possibility that once you are here you may eventually seek such protection. Furthermore, in view of this situation it is not possible to conduct due diligence on persons wishing to proceed to Malta for the purpose of residing here.” The applicant appeal this decision before the Immigration Appeals Board and the Court of Appeal, both deciding against him[48].

One refugee – a person with particular vulnerabilities – was resettled in Malta in 2023.

Refuges may apply for family reunification. (See section on Family reunification).

[1] UNHCR Malta Fact Sheet.

[2] MaltaToday, Maltese officials in first meeting with Easter Libya military leader Khalifa Hafter, 31 May 2023, at: https://tinyurl.com/yc4uvu7v.

[3] Times of Malta, Persons of trust and missing documents: Malta’s secretive migration project, 3 July 2023, at: https://tinyurl.com/mr3vy7z8. 

[4] Times of Malta, ‘NGO boats are a pull factor’- minister doubles down on comment on migration, 12 January 2023, available at https://tinyurl.com/36t6wsk6; Malta Today, Minister: Preventing migrant departures from Libya crucial to avoiding deaths at sea, 13 March 2023, available at: https://tinyurl.com/4fne2haf.

[5] The Malta Independent, ‘Totally false’: Home Affairs Minister denies claims of delayed rescue of migrants, 6 February 2023, available at https://tinyurl.com/ybdahswd. 

[6] OHCHR, Report: A call to safeguard migrants in central Mediterranean Sea, 25 May 2021, available at https://bit.ly/3KvOEPA.

[7] Commissioner’s report following her visit to Malta from 11 to 16 October 2021, available at: https://bit.ly/3InhWhS.

[8] ECCHR, Interceptions at sea and returns of migrants and refugees to Libya constitute a crime against humanity, 30 November 2022, available at https://bit.ly/3vOZ86B

[9] Amnesty International, Malta: The El Hiblu 1 Case: Three Teenagers in the Dock for Daring to Oppose Their Return to Suffering in Libya, 23 October 2019, available at: https://bit.ly/34T5dRi; UN High Commissioner for Human Rights, Press briefing note on Malta, 7 May 2019, available at: https://bit.ly/2XUEbY8.

[10] Amnesty International, ‘Demand justice for the El Hiblu 3’, available at: https://bit.ly/3lq3jQu.

[11] For more information see ‘The El Hiblu 3!’ at: https://bit.ly/3s02nVr.

[12] The information in this section is collected from various publicly available sources, in each case reported in the corresponding footnote. Neither the authors of the report nor ECRE are able to verify the information, mainly since the reported incidents occur at sea. For the vast majority of incidents, there is no publicly available information from the Maltese authorities.

[13] The Malta Independent, Abela says that preventing people from leaving Africa is key principle of migration solution, 18 June 2023, available at: https://tinyurl.com/5n6rd2dk.

[14] Times of Malta, So many excuses to hide information about migrants, April 29 2023, available at: https://tinyurl.com/yc7yahts.

[15] Sea-Watch, Airborne Monthly Factsheet October 2023, 12 December 2023, available at: https://tinyurl.com/afjshh7u.

[16] Sea-Watch, Airborne Monthly Factsheet January and February 2023, 18 April 2023, available at: https://tinyurl.com/wb5j25fs. 

[17] Ibid.

[18] Ibid.

[19] Sea-Watch, Airborne Monthly Factsheet March 2023, 8 March 2023, available at: https://tinyurl.com/5n6j3e56.

[20] Ibid., Sea-Watch, Fatal Delays: 30 Lives Lost due to European Non-Assistance, 14 March 2023, available at:

https://tinyurl.com/2zyp4sbp.

[21] Times of Malta, Boat carrying 500 people battles storm in Malta rescue zone, NGO says, 4 April 2023, available at: https://tinyurl.com/ycu5f2re.

[22] Times of Malta, 440 people rescued from Maltese rescue zone by NGO, 5 April 2023, available at:

https://tinyurl.com/yc7yahts.

[23] Times of Malta, Four unconscious, others ready to jump in sea; NGO claims Malta stopped rescue, 10 April 10 2023, available at: https://tinyurl.com/59tx5fba.

[24] Times of Malta, Maltese authorities accused of refusing to order rescue operations, 16 April 2023, available at: https://tinyurl.com/4447u2wj.

[25] Times of Malta, 60 people rescued from migrant boats on Malta’s orders: emergency hotline, 17 April 2023, available at: https://tinyurl.com/35453uuy.

[26] Times of Malta, 153 migrants saved in Malta’s rescue zone: French charity, 29 April 2023, available at: https://tinyurl.com/mwtpjnht.

[27] Sea-Watch, Italian penalties against Sea-Eye are state injustice! 26 June 2023, available at: https://tinyurl.com/3mbcw92v.

[28] Sea-Watch, Malta’s deadly non-assistance in the Central Mediterranean Sea, 17 October 2023, available at: https://tinyurl.com/bdhrpkp6.

[29] Ibid.

[30] Sea-Watch, Airborne Monthly Factsheet September 2023”, 12 December 2023, available at: https://tinyurl.com/2t57kjwr.

[31] Ibid.

[32] Ibid.

[33] Ibid.

[34] Times of Malta, 500 people adrift in Maltese search and rescue zone – Alarm Phone, 24 May 2023, available at: https://tinyurl.com/4ss99m7v.

[35] Times of Malta, AFM pushes back against NGO pushback claims: ‘no boat was sighted’, 29 May 2023, available at: https://tinyurl.com/mwtpjnht.

[36] Times of Malta, EU urged to rescue 29 people in deteriorating weather conditions in Malta waters, 8 May 2023, available at: https://tinyurl.com/2uk4euet.

[37] Times of Malta, Maltese authorities ‘aware’ of boat that was reportedly fired upon – Alarm Phone, 19 August 2023, available at: https://tinyurl.com/nm32eaeu.

[38] Times of Malta, Thousands rescued at sea, but only hundreds brought to Malta, 28 August 2023, available at: https://tinyurl.com/2cxmybaa. 

[39] Times of Malta, 44 people on sinking boat in Maltese rescue zone, NGO claims, 2 October 2023, available at: https://tinyurl.com/f3tchakj.

[40] Times of Malta, 106 people, including 40 children, rescued in Malta waters to be taken to Italy, Times of 27 December 2023, available at: https://tinyurl.com/yv858j35.

[41] Times of Malta, Refugees should not be prosecuted for using false documents, say NGOS, 1 July 2016, available at: http://bit.ly/3Hfr7mx; MaltaToday, Man fled Iran on fake passport to escape death sentence for renouncing Islam, court told, 26 March 2019, available at: http://bit.ly/3wnzLsN; MaltaToday, Man fled Iran on fake passport to escape death sentence for renouncing Islam, court told, 26 March 2019, available at: http://bit.ly/3wnzLsN

[42] “Whosoever shall commit any  other  kind  of  forgery, or shall knowingly make use of any other forged document, not provided for in the preceding articles of this Title, shall be liable to imprisonment for a term not exceeding six months”.

[43] “Any person who […] forges any document or true copy of a document or an entry made in pursuance of this Act”.

[44] aditus foundation, Prosecution and imprisonment of refugees entering Malta using false documents, 29 July 2021, available at: https://bit.ly/3rcqt00.

[45] Ministry for Home Affairs, Security, Reforms and Equality, 32 more migrants relocated to other countries, 2 September 2023, available at: https://tinyurl.com/4eu4p8hn. 

[46] Information provided by IOM on 11 February 2023.

[47] MaltaToday, A new economic model: Is it another way of saying ‘go back to your country’ politely?, August 2023, available at: https://tinyurl.com/wz48ten4; The Malta Independent, 68,755 third-country-nationals were registered as working in Malta in July 2023, January 2024, available at: https://tinyurl.com/8jwfpybc; Al Jazeera, Malta welcomes foreign workers to fill labour shortage, but repels refugees, December 2023, available at: https://tinyurl.com/yc3xmkwk; Times of Malta, The Sliema apartment shared by around 40 foreign workers, June 2023, available at: https://tinyurl.com/4njxx886.

[48] Court of Appeal (Inferior Jurisdiction), Adnan Almahmoud vs. Identity Malta Agency, No. 26/2022, 16 November 2022, available at: https://tinyurl.com/yufynwps.