Malta is bound by the recast Reception Conditions Directive, the recast Asylum Procedures Directive and the Dublin III Regulation and has transposed their provisions through the International Protection Act, Chapter 420 of the Laws of Malta, the Reception of Asylum Seekers Regulations S.L. 420.06, and the Procedural Standards for Granting and Withdrawing International Protection Regulations, S.L. 420.07.

• the International Protection Act, Chapter 420 of the Laws of Malta
• the Reception of Asylum Seekers Regulations S.L. 420.06
• the Procedural Standards for Granting and Withdrawing International Protection Regulations, S.L. 420.07.

All persons who arrive by boat in an irregular manner are initially detained on the basis of a medical order issued by the Superintendent of Public Health, based on Article 3 of the Order for Restriction of Movement (Public Health) Regulations (2025), which states that where the Superintendent has reason to suspect that a person may spread disease he may, by order, restrict the movements of such person for a period not exceeding 4 weeks, which period may be extended by four weeks, up to a maximum of 12 weeks, for the purpose of finalising any diagnostic tests as may be necessary. Furthermore, according to Article 8, any person who acts in contravention of the provisions of this regulation shall be liable to legal proceedings.

When the medical order ceases to be applicable and the person is medically cleared by the Superintendent of Public Health (usually within a few days), a detention order is issued by the Principal Immigration Officer on one or more grounds specified in Article 6 of S.L. 420.06. Article 6(9) of S.L. 420.06 states that applicant shall not be detained for the sole reason that he is an applicant for international protection.

Detention in the context of identification or verification of identity

Article 6(1)(a) of S.L. 420.06 states that without prejudice to any other law, the Principal Immigration Officer may, when it proves necessary and if other less coercive measures cannot be applied effectively, order the detention of an applicant pursuant to an individual assessment of the case. One of the grounds is in order to determine or verify the applicant’s identity or nationality.

This ground for detention is usually applied to asylum seekers who arrive by boat in an irregular manner.

Detention to determine elements on which the application for international protection is based, in particular where there is a risk of absconding

Article 6(1)(b) of S.L. 420.06 states that without prejudice to any other law, the Principal Immigration Officer may, when it proves necessary and if other less coercive measures cannot be applied effectively, order the detention of an applicant pursuant to an individual assessment of the case. One of the grounds is in order to determine those elements on which the application is based which could not be obtained in the absence of detention, in particular when there is a risk of absconding on the part of the applicant.

This ground for detention is usually applied to asylum seekers who arrive by boat in an irregular manner and also those are present on the territory in a regular manner.

Detention in the context of a procedure to decide on the applicant’s right to enter the territory

Article 6(1)(c) of S.L. 420.06 states that without prejudice to any other law, the Principal Immigration Officer may, when it proves necessary and if other less coercive measures cannot be applied effectively, order the detention of an applicant pursuant to an individual assessment of the case. One of the grounds is in order to decide, in the context of a procedure, in terms of the Immigration Act, on the applicant’s rights to enter Maltese territory.

Detention in the context of a return procedure

Article 6(1)(d) of S.L. 420.06 states that without prejudice to any other law, the Principal Immigration Officer may, when it proves necessary and if other less coercive measures cannot be applied effectively, order the detention of an applicant pursuant to an individual assessment of the case. One of the grounds is when the applicant is detained subject to a return procedure under the Common Standards and Procedures for Returning Illegally Staying Third-Country Nationals Regulations, in order to prepare the return or carry out the removal process, and the Principal Immigration Officer can substantiate, on the basis of objective criteria, including that the applicant already had the opportunity to access the asylum procedure, that there are reasonable grounds to believe that the applicant is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision.

Detention in the context of national security and public order

Article 6(1)(e) of S.L. 420.06 states that without prejudice to any other law, the Principal Immigration Officer may, when it proves necessary and if other less coercive measures cannot be applied effectively, order the detention of an applicant pursuant to an individual assessment of the case. One of the grounds is when protection of national security or public order so require.

Detention for the purpose of a Dublin transfer

Article 6(1)(f) of S.L. 420.06 states that without prejudice to any other law, the Principal Immigration Officer may, when it proves necessary and if other less coercive measures cannot be applied effectively, order the detention of an applicant pursuant to an individual assessment of the case. One of the grounds is in accordance with Article 28 of the Dublin III Regulation, provided that administrative procedures relevant to the grounds for detention set out in the law shall be executed with due diligence. Delays in administrative procedures that cannot be attributed to the applicant shall not justify continuation of detention.

Article 6(1) of S.L. 420. 06 states that the Principal Immigration Officer may, when it proves necessary and if other less coercive measures cannot be applied effectively, order the detention for one or more reasons listed in the law. National legislation does not specifically detail the types of less coercive measures to be applied.

Article 6(8) of S.L. 420.06 states that where the PIO does not order the detention of an applicant on the applicable grounds (Article (6(1)), he may require the applicant:

• To report at a police station within specified time-frames;
• To reside at an assigned place, and the PIO shall have the possibility to grant temporary permission to leave. The PIO shall take the decisions individually, objectively and impartially and shall give reasons if the decision are negative. In this context, the applicant shall in no case require permission to keep appointments with authorities and courts if his appearance thereat is necessary. Wherever the applicant is not required to reside at an assigned place, he shall be required to notify any change of address to the PIO within not more than 24 hours.
• To deposit or surrender documents; or
• To place a one-time guarantee or surety, with the PIO.

Less coercive measures shall have a maximum duration of 9 months, provide that if the applicant concerned does not comply with conditions, the PIO may order the detention of such applicant in accordance with the law.

In terms of Article 4 of S.L. 420.06 the Principal Immigration Officer (PIO) shall take the necessary steps in order that, within a reasonable time and not exceeding 15 days from the day an asylum seekers has lodged his application, the asylum seeker shall be informed of any established benefits and of the obligations with which he must comply relating to reception conditions. In this respect, the PIO shall ensure that an applicant is provided with information on organisations or groups of persons that provide specific legal assistance and organisations that might be able to help or inform him concerning the available reception conditions, including health care.

The PIO shall also ensure that the information provided is in writing and, as far as possible, in a language that the applicant may reasonably be supposed to understand. Where appropriate, this information may also be provided verbally.

The application for international protection is processed by the International Protection Agency, and applicants in detention are notified of the first instance decision in writing as per the usual procedure.

Detention is not automatically terminated once a person applies for international protection. Detention may continue on the basis of one or more grounds of detention.

According to Article 6(2) of S.L. 420.07 a detention order issued by the Principal Immigration Officer in writing, in a language which the applicant is reasonably supposed to understand, shall state the reason or reasons on which it is based. Wherever the PIO issued such a detention order he shall also inform the applicant of procedures to challenge detention and obtain free legal assistance and representation.

Article 6(5) of S.L. 420.06 states that the applicant shall be provided with free legal assistance and representation during the review of the lawfulness of his detention. Free legal assistance and representation entails preparation of procedural documents and participation in any hearing before the Immigration Appeals Board, responsible for reviewing the lawfulness of the applicant’s detention. In connection to this, Article 6A(5) of S.L. 420.06 states that legal advisers, counsellors, representative of relevant non-governmental organisations and family members of detainees shall be given the possibility to communicate with and visit applicants in detention in conditions that may be laid down in legislation regulating detention facilities.

Lawyers are contracted by the Ministry for Home Affairs, Security and Employment to provide legal advice to applicants in detention during the review of their detention before the Immigration Appeals Board. Specifically, they are required to:

• To provide, in terms of the Reception of Asylum Seekers Regulations (Subsidiary Legislation 420.06), legal assistance and representation entailing preparation of procedural documents and participation in any hearing before the Immigration Appeals Board.
• To examine the grounds of appeal and present, in writing, the appellant’s case before the Immigration Appeals Board.
• To attend, if required, sessions of the Immigration Appeals Board to explain case submissions and provide other general assistance to appellants during their appeal.
• To carry out administrative work related to the preparation and presentation of the cases as well as in relation to the overall management of the caseload assigned by Ministry.
• To report on the outcomes of interviews held with appellants and bring to Ministry’s attention any pertinent matters which may arise.

Appointment of legal aid and first hearing shall be carried out within 7 days of the issuance of detention order.

Free legal assistance to challenge the lawfulness of detention is also offered by two civil society organisations: Aditus and Jesuit Refugee Service Malta. Both organisations have their own internal criteria on accepting cases for legal representation. Lawyers from civil society organisations are only permitted to access detention facilities if they want to visit a specific applicant. This requires that they request specific permission to the Detention Service Agency in order to visit an applicant they identify by immigration number or name. They are not permitted to visit entire groups, for example after a group of persons arrive by boat and are subsequently issued with detention orders.

Applicants may also engage a private lawyer at their own cost or pro bono.

Article 6(7) of S.L. 420.07 states that any person detained in accordance with the regulations shall, on the lapse of 9 months, be released from detention if they are still an applicant.

Article 6(3) of S.L. 420.06 states that the Immigration Appeals Board (IAB) shall, with due regard to Article 25A(1) of the Immigration Act (regulating proceedings of the IAB), review the lawfulness of detention after a period of 7 working days, which may be extended by another 7 working days by the Board for duly justified reasons.

If the applicant is still detained, a review of the lawfulness of detention shall be held after periods of two months thereafter. Whenever the IAB rules that detention is unlawful, the applicant shall be released immediately (Article 6(4) of S.L. 420.06).

It is possible to challenge the lawfulness on detention by filing an emergency habeas corpus application before the Court of Magistrates according to Article 409A of the Criminal Code, Chapter 9 of the Laws of Malta. Any person who alleges they are being unlawfully detained under the authority of the Police or of any other public authority not in connection with any offence with which he is charges or accused before a court may at any time apply to the Court of Magistrates, which shall have the same powers which that court has as a court of criminal inquiry, demanding the release from custody. Civil society organisations have made use of this procedure in a number of cases which resulted in the Court ordering release.

The detention of an applicant pending the asylum appeal procedure may continue after the rejection of the application for international protection. In such circumstances, the continued detention needs to be authorised by a detention order based on one or more relevant grounds as per applicable laws.

Detention conditions are regulated by the Detention Service Regulations S.L. 217.19 enacted under the Immigration Act, Chapter 217 of the Laws of Malta.

Specialised detention facilities: In Safi Barracks there is a “child-friendly” section where minors can be accommodated. Female detained persons shall be provided with sleeping accommodation separate from male detained persons (Article 17 of S.L. 217.19). Detained family members shall be entitled to enjoy family life at the detention centre save to the extent necessary in the interests of security and safety. (Article 18(1) of S.L. 217.19). Everything reasonably necessary for detained persons’ protection, safety and well-being shall be provided (Article 18(2) of S.L. 217.19).

Access to open-air space: Article 25 of S.L. 217.19 states that a detained persons shall be given the opportunity to spend at least one hour in the open air every day. However, time in the open air may be refused in exceptional circumstances where necessary in the interests of safety and security.

Visitors/access to external communications – including the role of UNHCR, access to facilities of UNHCR and legal counsellors: Generally, no person shall have access to a detention centre unless authorised by the Head Detention Services or the Principal Immigration Officer acting on the advice of the Minister responsible for immigrations (Article 49(1) of S.L. 217.19).

Detained persons are entitled to visits from, or communications with, authorised persons and representatives of non-governmental organizations, save to the extent necessary in the interests of security and safety (Article 30 of S.L. 217.19). In the interests of security and safety, every visit to a detained person shall take place in accordance with the direction of the officer in charge or as the Head Detention Services may direct. No person visiting a detained person at the detention centre shall be permitted to take a photograph whilst there without the permission of the Head Detention Services (Article 32 of S.L. 217.19).

Access to legal assistance: The legal adviser or representative of any detained person in any legal proceedings shall be afforded reasonable facilities for interviewing him in confidence, save that any such interview may be in the sigh of an officer (Article 34 of S.L. 217.19). Article 49(2) of S.L. 217.19 states that representatives of international organizations and non-governmental organisations shall have access to detained persons after obtaining the authorisation of the Head Detention Services or the Principal Immigration officer acting on the advice of the Minister (responsible for immigration).

Article 6(5) of S.L. 420.06 states that the applicant shall be provided with free legal assistance and representation during the review of the lawfulness of his detention. Free legal assistance to challenge the lawfulness of detention is also offered by two civil society organisations: Aditus and Jesuit Refugee Service Malta. Both organisations have their own internal criteria on accepting cases for legal representation. Lawyers from civil society organisations are only permitted to access detention facilities if they want to visit a specific applicant. This requires that they request specific permission to the Detention Service Agency in order to visit an applicant they identify by immigration number or name. They are not permitted to visit entire groups, for example after a group of persons arrive by boat and are subsequently issued with detention orders.

In terms of Article 35 of S.L. 217.19 all detained person shall have access to public telephones at the detention centres. The Head of Detention Services may bear the expense of any telephone calls, within reasonable limits, by providing phone cards to all detained persons.

Medical care, psychological assistance: Every detention centre shall have reasonable access to a medical officer (Article 37(1) of S.L. 217.19). Each medical officer shall pay special attention to the need to recognise medical conditions which might be found among a diverse population and the cultural sensitivity appropriate when performing his duties. (Article 37(2) of S.L. 217.19). Every request by a detained person to see the medical officer shall be recorded by the officer to whom it is made and forthwith passed to the medical officer or nursing staff responsible for the detention centre (Article 37(3) of S.L. 217.19). The medical officer shall ensure that all medical records relating to a detained person are forwarded as appropriate following his transfer to another detention centre. Immediately prior to discharge from the detention centre the department responsible for health shall inform the Principal Immigration Office about the detained person’s medical clearance.

Furthermore, Article 16 of S.L. 217.19 states that the Head of Detention Services shall provide a detained person enquiring on his case, with an update on the progress of any relevant matter relating to him as follows when this is made available:

• claim of for asylum in terms of the International Protection Act;
• an application for, or for the variation of, leave to enter or remain in Malta in terms of the Immigration Act;
• the proposed removal or deportation of the detained person from Malta in terms of the Immigration Act;
• an application to the International Protection Appeals Tribunal in terms of the International Protection Act;
• an application to the Immigration Appeals Board in terms of the Immigration Act;
• an appeal against, or an application for judicial review in relation to any decision taken in connection with any of the above applications.

Article 6B(1) of S.L. 420.06 states that where vulnerable persons are detained, the competent authority shall ensure regular monitoring and adequate support taking into account their particular situation, including their health. In practice, persons who are deemed to be vulnerable after an assessment to this effect is carried out by the Agency for the Welfare of Asylum Seekers are released from detention, however this process may take time and is not automatic.

Minors shall be detained only as a measure of last resort and after it has been established that other less coercive alternative measures cannot be applied effectively. Their detention shall be for the shortest period of time and all efforts shall be made to release the detained minors and place them in accommodation suitable for minors. The minor’s best interest shall be the primary consideration and where minors are detained, they shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age (Article 6B(2) of S.L. 420.06).

Unaccompanied minors shall be detained only in exceptional circumstances, and all efforts shall be made to release the detained unaccompanied minor as soon as possible. Unaccompanied minors shall never be detained in restrictive accommodation and as far as possible, unaccompanied minors shall be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons their age. Where unaccompanied minors are detained, the competent authority shall ensure that the said minors are accommodated separately from adults (Article 6B(3) of S.L. 420.06).

Detained families shall be provided with separate accommodation guaranteeing adequate privacy (Article 6B(4) of S.L. 420.06).

Where female applicants are detained, it shall be ensured that they are accommodated separately from male applicants, unless the latter are family members and all persons concerned consent to such an arrangement (Article 6B(5) of S.L. 420.06).