The Office of the Refugee Commissioner
The Refugee Act in Malta was approved by the Maltese Parliament on 25 July 2000. The Act entered into force on 1 October 2001 and all connected subsidiary regulations on 26 October 2001. The Refugee Act provided for the establishment of the Office of the Refugee Commissioner and the Refugee Appeals Board.
The Office of the Refugee Commissioner may recommend two types of international protection: (a) Refugee Status and (b) Subsidiary protection. Temporary Humanitarian Protection (a national form of protection) can also be recommended.
Asylum Procedure
A third-country national or a stateless person may approach the Office of the Refugee Commissioner or another authority in Malta, to inform about his/her intention to make an application for international protection.
The Office of the Refugee Commissioner provides information about the asylum procedure to persons who express their intention to make an application for international protection in Malta. Information is provided with the help of interpreters, in a language which the applicant understands. Applicants are assisted to lodge the application for international protection by filling up an application form known as a ‘Preliminary Questionnaire’.
Following the lodging of the application for international protection, the Office of the Refugee Commissioner proceeds to assess those applications which according to the Dublin Regulation are the responsibility of Malta. Those applications, which fall under the criteria of the Dublin Regulation, are referred to the Dublin Unit which determines which Member State is responsible.
The applications for international protection for which Malta is responsible according to the Dublin Regulation, are examined on their merits by the Office of the Refugee Commissioner. The Office holds at least one personal interview with each applicant. Interviews are conducted by fully trained caseworkers with the assistance, where necessary, of an interpreter.
The Office of the Refugee Commissioner implements a single asylum procedure. It first examines whether the applicant fulfils the criteria to be recognised as a refugee according to law. In the case of those who do not meet the criteria to be recognised as refugees, the Office proceeds to examine whether the applicant fulfils the criteria for subsidiary protection according to law.
The applicant is informed in writing about the decision issued by the Office of the Refugee Commissioner. The reasons in fact and in law are stated in the decision. In the case of a negative decision, applicants are informed of their right to enter an appeal against this decision to the Refugee Appeals Board. Information on how to challenge a negative decision is given in writing to those applicants whose application was rejected with regards to refugee status and/or subsidiary protection status.