First country of asylum

Malta

Country Report: First country of asylum Last updated: 30/11/20

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JRS Malta Visit Website

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 may be readmitted thereto. This is also mentioned as a ground for inadmissibility.[1]

No information is available about the application of this concept. According to RefCom this provision may apply “on a case by case basis”.

According to NGOs assisting applicants, the concept of first country of asylum was used in 2017 and 2018 for cases involving Palestinian applicants benefitting from the United Nations Relief and Works Agency (UNRWA) refugee status in Lebanon. Such cases were deemed inadmissible even though the applications were examined on the merits. Such cases were immediately referred to the Refugee Appeals Board and no appeal could be submitted by the applicant to challenge the decision.

 


[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