Duration of detention

Malta

Country Report: Duration of detention Last updated: 30/11/20

Author

JRS Malta Visit Website

National law specifies a time limit for the detention of asylum seekers which is limited to nine months. According to the Reception 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]

Applicants formally detained in line with the grounds of the Reception Conditions Directive are usually released after two or three months and placed under alternatives to detention.

Applicants detained under the Health Regulations are kept in detention until there is space available in open centres. Therefore, applicants can remain in detention for several months even though they have been medically cleared and no valid grounds for their detention remains or ever even existed.

 


[1]  Regulation 6(7) Reception Regulations.

 

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