Differential treatment of specific nationalities in the procedure


Country Report: Differential treatment of specific nationalities in the procedure Last updated: 30/11/20


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In 2019, 429 Syrian nationals applied for international protection in Malta. The vast majority were granted subsidiary protection (261) while 24 were recognised as refugees. 77 applications were rejected but that number includes implicit and explicit withdrawals.




In 2019, the Refugee Commissioner received 258 applications from Libyan nationals. 50 were granted subsidiary protection while 12 were recognised refugees. 24 applications were rejected but that also includes explicit and implicit withdrawals.

As of 2015 the Refugee Commissioner considered the security situation in Libya to be unsafe and recommended that Libyans, whose nationality is established, and who do not meet the criteria to be granted refugee status, be granted subsidiary protection.[1] No information is available for 2019 but it is presumed that should nationality be established, Libyan nationals would still, automatically, be granted international protection.


[1]  In January 2015, the Refugee Commissioner conducted a review of the situation in Libya to assess whether the security situation reached that threshold of indiscriminate violence in terms of Article 15(c) of the recast Qualification Directive. The Office identified a number of indicators to measure the level and nature of indiscriminate violence and based its reasoning on European case law, UNHCR guidelines and up-to-date country of origin information. RefCom came to the conclusion that “the armed conflict in Libya meets the threshold of an indiscriminate violence since it is of such intensity that any person, only by returning to the country, would be at risk simply on account of his/her presence there.”


Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation