The asylum procedure is a very complex thematic. The right to seek asylum, because a person is in need of protection, is settled down in the 1951 Refugee Convention. 147countries agreed that when a person’s life is in danger because of persecution, he/she deserves protection. If a country is not able to protect its citizens, or maybe the government itself is the cause of persecution, then another country is supposed to help people who flee. The right to seek asylum is even mentioned in the Universal Declaration of Human Rights. Aim of this paper is to describe in detail the different forms of protection awarded to asylum seekers in Malta, including an analysis of the legal framework and a description of the similarities, differences and criteria, which must be fulfilled for each form of protection. In the first part, the focus will be on the legal framework these different regimes are based on. Before analysing the forms of protections, as it is important to have an idea about what it means to be an asylum seeker in Malta, we will here provide some data about applications in Malta. However, the main part of this paper will concentrate on the three protection forms granted to asylum seekers in Malta. There will be a discussion about the differences and similarities on these forms of protections before getting to a conclusion.
Table of Contents
1. Introduction
1.1 Convention Relating to the Status of Refugees
1.2 Legal framework
2. Being an asylum seeker in Malta
3. Forms of protection
3.1 Refugee Status
3.2 Subsidiary Protection
3.3 Humanitarian protection
4. Conclusion
Research Objectives and Focus
This paper aims to provide a detailed examination of the various forms of protection granted to asylum seekers in Malta, analyzing the underlying legal framework, criteria for eligibility, and the distinct similarities and differences between these protective regimes.
- Analysis of the 1951 Refugee Convention and its influence on national frameworks.
- Evaluation of the Common European Asylum System (CEAS) and Maltese national legislation.
- Comparative assessment of rights afforded under Refugee Status versus Subsidiary Protection.
- Examination of Temporary Humanitarian Protection (THP) and its role in the Maltese asylum context.
- Review of the operational procedures for asylum applications in Malta.
Excerpt from the Book
Refugee Status
The 1951 Refugee Convention defines a refugee as:
"a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, as a result of such events is unable or, owing to such fear, is unwilling to return to it"
A very contemporary example of refugees are the Rohingya, which is a stateless persecuted minority in Myanmar. (UNHCR, 2017)
If the applicant suites one of these categories and protection is granted he is entitled, according to Act 14 of Legal Notice 243 of 2008 to the following rights: to stay in Malta (freedom of movement is included, the refugee can apply for a Convention Travel Document), to be granted personal documents (residence permit for three years), to have access to employment without restrictions, to apply for resettlement, to have access to social benefits and health care, appropriate accommodation, to access integration programs, state education and trainings. (AIDA, 2017) Moreover, if the refugee has other family member, which depend from him, they will enjoy the same rights.
Summary of Chapters
Introduction: Outlines the fundamental right to seek asylum as established by international law and states the objective of analyzing the specific protection regimes within the Maltese context.
Being an asylum seeker in Malta: Describes the institutional procedure for asylum claims in Malta, highlighting the roles of the Refugee Commissioner and the obligations of both the state and the applicant.
Forms of protection: Examines the three primary types of protection—Refugee Status, Subsidiary Protection, and Humanitarian Protection—detailing the specific rights and criteria associated with each status.
Conclusion: Summarizes the complexity of the legal framework and notes that while progress has been made, further clarity and reform are required, particularly concerning humanitarian protection policies.
Keywords
Asylum seekers, Malta, Refugee Convention, Subsidiary Protection, Humanitarian protection, Legal framework, Human rights, CEAS, Refugee status, Migration law, UNHCR, Non-refoulement, Integration, Social benefits, Detention.
Frequently Asked Questions
What is the primary subject of this research?
The research focuses on the legal framework and various forms of protection granted to individuals seeking asylum within the jurisdiction of Malta.
What are the main thematic areas covered in the work?
The paper covers the international foundations of asylum law, the European Common Asylum System, the Maltese national legislative acts, and the specific rights granted to beneficiaries of different protection statuses.
What is the central research question?
The study aims to detail the criteria, legal bases, and the significant differences and similarities between the three main forms of protection—Refugee Status, Subsidiary Protection, and Humanitarian Protection—as implemented in Malta.
Which scientific methodology is applied?
The paper employs a legal-analytical method, reviewing international treaties, EU directives, and national Maltese legislative acts (such as the Refugees Act and Immigration Act) to evaluate the current status of asylum procedures.
What is the focus of the main section of the paper?
The main section concentrates on defining the specific rights and obligations associated with each protection form, comparing the entitlements of refugees with those granted subsidiary or humanitarian protection.
Which key terms characterize this study?
Key terms include international protection, Refugee Convention, Malta, legal framework, subsidiary protection, and the Common European Asylum System (CEAS).
How does the author define the distinction between Refugee Status and Subsidiary Protection?
The author highlights that while both statuses offer protection from serious threats, Subsidiary Protection recipients face more restrictions regarding employment, social benefits, and the right to family reunification compared to those with full Refugee Status.
What is the role of the Office of the Refugee Commissioner (RefCom) in Malta?
The RefCom serves as the primary institution where asylum applications are filed, processed, and ultimately decided, including the conduct of interviews and the coordination of preliminary assessments.
What is the purpose of Temporary Humanitarian Protection (THP)?
THP is granted in exceptional cases where an individual does not qualify for formal international protection but still requires security for humanitarian or medical reasons, such as for terminally ill persons or to maintain family unity.
What concern does the author raise regarding the THPN (Temporary Humanitarian Protection new)?
The author notes that the lack of clear, consistent legal regulation surrounding THPN creates uncertainty, particularly given the shifting political decisions regarding the eligibility and renewal of this specific status.
- Arbeit zitieren
- B.A. Integrated European Studies Amelia Martha Matera (Autor:in), 2018, Forms of Protection Awarded to Asylum Seekers in Malta. An analysis of the legal framework, criteria, similarities and differences, München, GRIN Verlag, https://www.hausarbeiten.de/document/442597
