Author
The Reception Regulations specify a time limit for the detention of asylum-seekers, which is limited to nine months. According to the Regulations “any person detained in accordance with these regulations shall, on the lapse of nine months, be released from detention if he is still an applicant”.[1]
The PIO indicated that the average duration of detention was 47 days in 2023.[2] As previously mentioned, this figure does not portray a comprehensive picture of detention duration. It only takes into account individuals issued with a Detention Order. As such, people detained under the public health legislation are not accounted for by the PIO, therefore excluding up to four weeks’ detention under this regime. It is also noted that the 47 days figure does not distinguish the reasons for a person’s detention, meaning it also includes persons detained for pre-removal purposes.
NGOs estimate that the average duration of detention for asylum applicants in 2023 was between one to four months.
[1] Regulation 6(7) of the Reception Regulations, Subsidiary Legislation 420.06 of the Laws of Malta
[2] Information provided by the Immigration Office of the Malta Police Force.