First country of asylum

Malta

Country Report: First country of asylum Last updated: 23/05/22

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The concept of first country of asylum is defined as a country where the applicant has been recognised as a refugee or otherwise enjoys sufficient protection, including respect of the non-refoulement principle, and maybe readmitted thereto. This is also mentioned as a ground for inadmissibility.[1]

No information is available about the application of this concept. According to the IPA this provision may apply “on a case-by-case basis”. The IPA reported that no decision has been taken on the basis of this concept in 2021; on the contrary, NGOs reported having met applicants in this situation. They indicated that that the IPA actually refuses applications from these individuals and therefore assume that no such records are kept by the Agency. Most of the cases encountered by NGOs in 2021 concerned people who had been granted protection in Greece, arriving by plane from Athens.

 

 

 

[1] Article 24(1)(b) Refugees Act.

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