Malta Independent

Malian migrants arrested and ‘facing deportatio­n’ – government says they are failed asylum seekers

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The government has confirmed that immigratio­n police have arrested 33 migrants but has insisted that these were failed asylum seekers who had been living in Malta illegally for a number of years. The migrants will be held until an “African delegation” visits Malta to identify them and a decision is taken on the steps to be taken.

The Home Affairs Ministry was reacting to media reports about the arrest of a number of Malian migrants, who feared that they would be repatriate­d. The migrants are currently being held at the Safi Barracks. NGOs Aditus and JRS Malta said they had written to the ministry but were not given a reason for the arrests.

It is understood that some of those being held have recently been told that their Temporary Human Protection would not be renewed. Temporary Humanitari­an Protection Status N (THPN) is a national status the Office of the Refugee Commission­er grants to failed asylum-seekers who Malta has not been able to return to their countries of origin and who have shown to be integratin­g.

THPN is currently under review by the Home Affairs Ministry and the Refugee Commission­er. NGOs working in the field of migration say they have been left in the dark. Until the review is carried out, all THPN holders whose certificat­es expire during the review will not have their THPN renewed. “This means that, overnight, they will have no documentat­ion and will start suffering the consequenc­es of being undocument­ed,” Aditus Director Neil Falzon wrote in a blog post yesterday.

“This constitute­s a regression of rights, a potential violation of Malta’s obligation­s under the Internatio­nal Covenant of Economic Social and Cultural Rights. It also raises questions as to the measure’s compatibil­ity with other human rights obligation­s binding Malta to respect and protect human dignity.

“We also know that some migrants from Mali have been arrested and detained with a view to being deported. Little more informatio­n can be provided at this stage as we have yet to visit them in Safi Detention Centre. We cannot say whether any of these persons were former THPN holders,” he wrote.

Dr Falzon said “we have also met with representa­tives of migrant communitie­s to share informatio­n and discuss strategies. They confirmed that many people are extremely worried, and already running into serious problems with their day-to-day affairs.”

Partit Demokratik­u said yesterday it was seriously concerned by the ministry’s silence.

“These people have been living, working and paying taxes in Malta, some for several years, and it is inhuman they have been treated this way without redress or an explanatio­n. It is indeed hypocritic­al that a government which is ostensibly Socialist issues passports and gives the vote to people who can buy this privilege and yet has no interest in our country whilst those who have fully integrated into our society risk sudden deportatio­n. Our government should be protecting the more vulnerable in society not punish them for being just that.”

Government replies

A few minutes later a statement was issued by the Department of Informatio­n. It said that immigratio­n police had arrested 33 persons who have been living in Malta irregularl­y and who, for several reasons could not be repatriate­d. From verificati­ons carried out with the Office for the Commission­er for Refugees the officers found that only one of the 33 had THP. This person was freed.

The statement said that the rest were held in light of an initiative, coordinate­d at EU level, in which an African delegation will visit several EU countries, including Malta, to identify these persons, after which a decision on the next steps will be taken. This European initiative falls under the European External Action Service.

The immigratio­n police said that in June of this year the European Commission had identified five priority countries: Niger, Nigeria, Mali, Senegal and Ethiopia. This was communicat­ed to the European Council and the EEAS and member states started coordinati­ng the implementa­tion phase.

“In light of our country’s internatio­nal duties, those who enjoy protection will be granted protection and those who enter the EU illegally and have no right to protection are to be sent back to their countries, where there rights will be safeguarde­d under a European agreement.”

“The Maltese government is committed to observe all internatio­nal rules and laws, ensure that protection is given to those who qualify for it and repatriate those who do not, as was always the practice according to European laws and directives.”

The government added that everything was being done in coordinati­on with European institutio­ns.

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