Author
The law does not mention the submission of medical reports in support of an asylum-seeker’s claim. When these are presented, the IPA treats them as documentary evidence presented by the applicant. Practitioners who assist asylum-seekers at first instance reported that medical reports are taken into consideration, especially with regard to applicants with mental health problems. In these cases, reports provided by medical professionals are given consideration in the evaluation of the applicant’s need for protection. Asylum applicants do not routinely provide medical reports documenting torture and other violence. The above observations are valid as far as the source of the medical report is sufficiently trusted and the original document is provided. As such only reports from Maltese practitioners will be duly taken into account.
Medical or professional reports are nonetheless necessary for a referral to the fast-track procedure for vulnerable applicants.
It is further noted that most applicants spend a number of weeks or months in detention, in a context where communication with lawyers or with other entities that could assist in the procurement of medical reports is extremely challenging.