Use of medical reports

Malta

Country Report: Use of medical reports Last updated: 21/09/23

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 insofar 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.

The Refugee Commissioner noted in 2018, that it has very rarely requested an applicant to undergo a medical examination. Where it does occur, the examination is paid for from public funds. No such request was made in 2018,[1] while no information is available since 2019.

Medical or professional reports are nonetheless necessary for a referral to the fast-track procedure for vulnerable applicants.

 

 

 

[1]  Information provided by the Refugee Commissioner, January 2019.

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