Author
National legislation provides that UNHCR shall have access to asylum applicants, including those in detention and in airport or port transit zones.[1] Moreover, the law also states that a person seeking asylum in Malta shall be informed of his right to contact UNHCR.[2] There is no provision in the law with respect to access to asylum applicants by NGOs, however, it states that legal advisers who assist applicants for asylum shall have access to closed areas such as detention facilities and transit zones for the purpose of consulting the applicant.[3] Thus, NGOs have indirect access to asylum applicants through lawyers who work for them
Applicants detained in the IRC facilities in the early days of their arrival have almost no access to UNHCR or NGOs, allegedly for public health reasons. Otherwise, applicants in other detention centres face the challenges identified below (See Access to Detention), whilst applicants in open centres are free to visit NGOs in their offices and NGOs are able to request access from AWAS and this is generally granted.
[1] Regulation 16(a) Procedural Regulations.
[2] Regulation 3(3)(c) Declaration Regulations.
[3] Regulation 7(3) Procedural Regulations.