Building Knowledge for a Concerted and Sustainable Approach to Refugee Resettlement in the EU and its Member States

Legal and administrative framework

Malta

The Refugees Act (2001) makes provisions relating to and establishing procedures concerning refugees and asylum seekers. The Act also contains specific provisions on resettlement. However, resettlement is intended as limited in time and makes reference to persons granted refugee status or subsidiary protection who leave Malta to reside in another country.

Laws

* Refugees Act (2001)

Abstract

This Refugees Act of 1 October 2001 (Chapter 420) makes provisions relating to and establishing procedures concerning refugees and asylum seekers. The Act also contains specific provisions on resettlement:

Article 2 states that '''humanitarian protection" means special leave to remain in Malta until such time when the person concerned can return safely to his country of origin or otherwise resettle safely in a third country''.

Article 13 outlines that ''The Minister may at the written request of an applicant or recognised refugee, and where necessary, with the assistance of the High Commissioner, facilitate the resettlement of any applicant or refugee to another country and do all that is required for the purpose.''

Note well that resettlement is intended as limited in time and makes reference to persons granted refugee status or subsidiary protection who leave Malta to reside in another country.

Files attached to this content:

Refugees Act (2001) in English

* Procedural Standards in Examining Applications For Refugee Status Regulations (2008)

Abstract

These regulations transpose the provisions of the Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted and the Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status.

The regulations are contained in the document linked below, the first half of the document is in Maltese and the second half is the English version.

Files attached to this content:

Procedural Standards in Examining Applications For Refugee Status Regulations (2008)

Malta snapshot

Size: 316 km2

Population: 0.4 million

Year of EU Entry: 2004

In the Schengen Area: Yes

Protection Status Granted: 896 (2011)

Resettlement Scheme: No

Resettled Refugees: 0

Source: The information about the size, population, in the Schengen area, and year of EU entry is taken from europa.eu.