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National legislation transposes the recast Reception Conditions Directive regarding the definition of applicants with special needs and provides that “an evaluation by the entity responsible for the welfare of asylum applicants, carried out in conjunction with other authorities as necessary shall be conducted as soon as practicably possible”.[1]
The amendments of December 2021 (Legal Notice 487 of 2021) introduced new provisions for vulnerable applicants to the Reception Regulations, which now transposes the Directive more faithfully. The amendments include a more comprehensive implementation of provisions related to the material reception conditions of vulnerable individuals and the guardianship and care of minors.
In particular, the Reception Regulations now provide that “the entity for the welfare of asylum-seekers shall also ensure that support is being provided to applicants with special reception needs, taking into account their special reception needs throughout the duration of the asylum procedure, whilst conducting appropriate monitoring of their situation” and that “an unaccompanied minor shall be accommodated in centres specialised in accommodation for minors”.[2]
The Regulations, however, still provide that unaccompanied minors aged sixteen years or over may be placed in accommodation centres for adult asylum applicants.
Specific measures provided by law for vulnerable persons are as follows: the maintenance of family unity where possible;[3] and particular, yet undefined, attention to ensure that material reception conditions are such to ensure an adequate standard of living.[4]
AWAS is responsible for implementing government policy regarding persons with special reception needs and is in charge of these assessments that are now mainly conducted in detention. Despite positive improvements in the last 3 years including in 2024, NGOs report ongoing difficulties for vulnerable people to receive appropriate care and support. The increasing reliance on detention as the primary reception model and it’s further entrenchment through the establishment of support services within the centres, has often led to persons identified as vulnerable being left in detention since it was deemed – by AWAS and/or the Immigration authorities – appropriate for them to receive support in the detention centres (see Identification).
By way of example, in 2025 the ECtHR communicated to Malta an application submitted in 2024 regarding a vulnerable person held in detention, despite several official reports confirming their vulnerability. In their application, the applicant, an LGBTIQ+ person, laments treatment in Malta’s detention centre including incidents of bullying and harassment, as also the ineffectiveness of the system in place to verify legality of detention.[5] The application indicates that, in 2024, practice shifted towards one where AWAS is no longer the sole entity responsible for vulnerability assessments for the PIO’s determination of the detention or otherwise of an applicant. With increased resources provided to the Detention Services to enhance its health services, the PIO increasingly relies on information and reports from these health services in its detention decision-making procedures.
As mentioned above, all applicants reaching Malta by sea are detained under public health grounds, including children (accompanied or unaccompanied) and other vulnerable persons. Persons who are visibly vulnerable and deemed as such by AWAS were generally not kept in detention following this initial period, but applicants with invisible or latent vulnerabilities continued to be detained under Detention Orders (See Detention of vulnerable applicants).
Following the phaseout of EUAA’s operations in Malta, vulnerability assessments are entirely conducted by AWAS, albeit along a methodology jointly developed by AWAS and EUAA.
The psychologists working in the therapeutic unit at AWAS provide psychosocial support to applicants following a referral from the Assessment Team. The support provided includes regular sessions and referral to psychiatric care if required. The psychologist will draft a report which can be requested by the applicant’s lawyer. However, delays in receiving the report oftentimes precludes lawyers from raising the vulnerability of their client before the competent authorities and appeal bodies (see Identification). Lawyers noted that, throughout 2023, they faced considerable challenges obtaining access to the clients’ files. They also noted inconsistencies in the reports and their conclusions.
Aside from the regular open reception facilities, there are no other facilities equipped to accommodate applicants with other special reception needs. All other vulnerable individuals are treated on a case-by-case basis by AWAS social workers, with a view to providing the required care and support.
For 2024 AWAS confirmed that women with special reception needs and LGBTIQ+ applicants are housed at the Ħal Far Open Centre, while men with such needs are accommodated at designated areas at ĦTV.
In 2024 AWAS’ remit became limited to asylum-seekers, meaning rejected asylum-seekers are unable to access their services, including vulnerability assessments. For detained persons, this means that their well-being is entirely dependent on the Detention Services.
[1] Regulation 14 of the Reception Regulations, S.L. 420.06.
[2] Regulation 14 (b) of the Reception Regulations, S.L. 420.06.
[3] Regulation 7 of the Reception Regulations, S.L. 420.06.
[4] Regulation 11(2) of the Reception Regulations, S.L. 420.06.
[5] M.S. v. Malta, 30737/24, communicated on 19 March 2025, available at: https://tinyurl.com/mrx26tda.