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. In practice, however, asylum seekers located far from the centre or in closed centres do not face major obstacles in accessing NGOs and UNHCR.
Access to the IRC is regulated by AWAS and is not granted to family members or NGOs on grounds of the medical clearance conducted in this facility. However, access to the open section of the IRC is granted to UNHCR and NGOs requesting access in order to provide services.
Applicants who are detained on health grounds or under the Reception Regulations have limited to no access to NGOs and the UNHCR (see Access to Detention).
[1] Regulation 16(a) Procedural Regulations.
[2] Regulation 3(3)(c) Declaration Regulations.
[3] Regulation 7(3) Procedural Regulations.