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The Procedural Regulations provide that asylum-seekers have to be informed, in a language that they understand, or they may reasonably be supposed to understand, of, among other things, the procedure to be followed and their rights and obligations during the procedure. The Regulations also state that asylum-seekers have to be informed of the result of the decision in a language that they may reasonably be supposed to understand, when they are not assisted or represented by a legal adviser and when free legal assistance is not available.[1]
The Regulations also cover the information about the consequences of an explicit or implicit withdrawal of the application, and information on how to challenge a negative decision. However, the law does not state in which form such information has to be provided except for the first instance decision which has to be provided in a written format.[2]
Newly arrived applicants are detained on health grounds and the Public Health authorities provide them with a short document called ‘Restriction of Movement Notice’, available in English, French, Arabic and Bangladeshi. The Notice informs the person that their freedom of movement is being restricted on public health grounds. Lawyers visiting persons detained under this regime often noted that the document did not contain the person’s own particulars, or that the person was provided with a document in the wrong language and that the document was never actually explained to the person receiving it. Furthermore, lawyers also noted that the Notice does not impose detention but, rather, a mere restriction of free movement (see Detention). In 2024, persons were generally detained under this regime for a couple of days.
Due to their limited access to detention, NGOs are not able to inform all newly arrived asylum-seekers and most of them never get the chance to access a lawyer before they lodge their applications or – at times – their asylum interviews. The UNHCR provides information sessions but has not been able to do so for all asylum-seekers due to their limited capacity. Furthermore, UNHCR is only permitted to meet detained applicants only after they have lodged their asylum applications. It reported having carried out only six information sessions in 2024, reaching 61 asylum-seekers. Of these six visits, five were conducted to provide information whilst individual sessions were held with five individuals.
NGOs reported they received consistent testimonies of applicants arriving in 2022, 2023 and 2024 claiming that the first people they met were individuals from the Returns Unit from the Ministry for Home Affairs, who reportedly tried to urge them into signing declarations of voluntary departure by telling them that if they apply to asylum, they will remain in detention for 2 years before they are sent back to their country of origin. Applicants also claimed that they were later given the same options by inspectors of the Immigration Police which they could identify by name. This, they claimed would happen weeks or months before they could access a lawyer or apply for international protection.
NGOs also reported meeting some individuals who were visibly minors who nonetheless opted for voluntary return for fear of staying 2 years in detention.
Unless visited by the UNHCR or NGOs, in 2024 detained applicants were not provided with information on the asylum procedure prior to the lodging of their application. At the lodging stage, they received information about the asylum procedure and were given a leaflet on the Dublin procedure. They were also provided information on the possibility of being relocated to another EU Member State. The lodging of the application can happen several weeks or months after the arrival.
The Ministry claims that the DSA, AWAS and the IPA provide information to asylum-seekers through booklets and videos.[3] Lawyers assisting applicants, including through visits to detention, confirm having seen booklets in their clients’ possession. They also confirmed that none of their clients ever mentioned watching information videos and none mentioned anyone explaining the information booklet in a language they understood. NGOs also flagged situations where detained applicants specifically requested DS administrative assistance in their asylum procedure, but this was not forthcoming. Finally, NGOs question the wisdom of tasking DS officials with providing technical and sensitive information on asylum when their knowledge or experience in the matter is generally limited to that acquired in an IPA training session. Ultimately, practitioners and NGOs underlined that lack of systemic and structured access to independent information.
According to information provided by the Maltese authorities, “upon arrival, migrants are given the medical attention required by national authorities. Once irregular migrants are medically cleared, they are spoken to by the Returns Unit, IPA officials and Immigration Police. Prior to any other discussions, migrants are informed that it is their legal right to apply for asylum. Immigration Police and the Returns Unit inform migrants on their rights and return prospects. The Ministry believes that it is important for migrants to know all options and services offered to them by the Government of Malta. No physical or non-physical coercion has ever been used.” [4]
Legal Notice 488 of December 2021 introduced provisions for applicants held in detention facilities or present at border crossing points whereby “the relevant authorities shall provide them with information on the possibility to do so and shall make arrangements for interpretation to the extent necessary to facilitate access to the asylum procedure”.[5] However, these provisions were not followed by any meaningful change in practice.
The EUAA Operating Plan with Malta for 2020 foresaw the development of information material “covering the various procedural steps with simple and clear content, appropriate for the age and level of understanding of the applicants, in a language that the applicant is reasonably supposed to understand and using appropriate dissemination tools”.[6] It seems this material was finalised towards the end of 2023 or the beginning of 2024, as practitioners and NGOs confirmed first seeing these documents in March 2024. They also confirmed that most applicants seen in detention were in possession of these documents.
There is no systematic and structured way to provide comprehensive information to applicants outside detention and applicants have consistently raised their lack of awareness about the procedure to NGOs assisting them. They only receive basic information about the asylum procedure but not about their rights regarding reception. For example, they do not have access to information about access to healthcare or education, while asylum-seekers in detention see their basic needs covered.
However, some positive improvements were registered in recent years, with the creation of the Migrant’s Advice Unit (MAU) by AWAS staffed with welfare officers who provide information on employment, housing, education and health. The Unit reportedly gives group sessions on services and activities to assist with integration into the community. Each open centre has a member of the team operating as a focal point for referrals to other stakeholders.
NGOs welcomed this improvement and confirmed having regular meetings with the Unit to share updated information on procedures, entitlements and other matters.
Alternative sources of information are available mostly through NGOs and the UNHCR. In 2024 UNHCR Malta finalised the Agency’s Help page[7], and aditus has a dedicated ‘Know your rights!’ page with several Fact Sheets on several aspects of the asylum procedure.[8]
[1] Regulations 4 and 5 of the Procedural Regulations, S.L.S.L. 420.07 .
[2] Regulation 14 of the Procedural Regulations, S.L.S.L. 420.07 .
[3] Information provided by information provided by the Ministry of Home Affairs, Security and Employment on 24 July 2025, see annex to the report.
[4] Information provided by Home Affairs Ministry in January 2024.
[5] Regulation 5A of the Procedural Regulations, S.L.S.L. 420.07 .
[6] EUAA Operating Plan 2020, December 2019, available at: https://bit.ly/2XxYx9K.
[7] UNHCR Malta Help page, available at: https://tinyurl.com/3ckt9p3d.
[8] aditus foundation, Know your rights! Page, available at https://tinyurl.com/yyfuyw5f.