Asylum and international protection in Malta

Anyone in Malta who fears persecution or serious harm in their country can apply for international protection. The IPA describes making the application in person at its premises at Fafner House, National Road, Hamrun, after booking an appointment by telephone (+356 21255257) or e-mail (frontoffice@ipa.gov.mt). Nobody can apply on your behalf. If you first express the wish to the Immigration Police, the border police, detention services or prison authorities, they must refer you to the IPA. The IPA does not describe any way of applying from abroad.

After you express the wish to apply, the IPA gives you a date and time to lodge the application. Bring your passport or other identity documents and any evidence supporting your claim; an interpreter is provided if needed. An officer takes your fingerprints for the Visa Information System, and you are also fingerprinted for Eurodac; refusing fingerprinting can lead to the application being discontinued. Once the application is lodged you receive an Asylum Seeker’s Document with your photo, which proves your status in Malta. The IPA warns that waiting times can be long.

Before examining the substance, Malta checks under the EU rules, now the Asylum and Migration Management Regulation (AMMR) that replaces the Dublin Regulation, whether another member state is responsible, for example because you hold a visa or residence permit from it or entered the EU there. If so, you may be transferred to that state. Otherwise the IPA aims to conclude the application within six months of lodging, subject to these procedures.

Asylum seekers may access the labour market nine months after lodging their application; Jobsplus can, at its discretion, allow access earlier, and it is the office to contact for employment. This right lasts while you remain an asylum seeker. Applicants who appeal keep the status of asylum seeker until the Tribunal decides. If protection is granted, refugees and holders of subsidiary protection can continue to live and work in Malta; the IPA also lists other forms of protection, such as temporary humanitarian protection.

You collect the decision in person, together with the transcript of your interview and the assessment report and information on your right to appeal. Against most negative decisions you have 15 calendar days from notification to appeal to the International Protection Appeals Tribunal; against a decision that the application is inadmissible, for example because you already have protection in another EU state, only 5 working days. You are entitled to free legal aid during the appeal, represented by one lawyer at a time. The Tribunal’s decision is final.

The IPA’s front office in Hamrun answers questions about appointments and procedure on +356 21255257 and frontoffice@ipa.gov.mt. The IPA publishes separate information for unaccompanied minors and for temporary protection.