Best Asylum Lawyers in Marsaskala

About Asylum Law in Marsaskala, Malta

Asylum law in Marsaskala, Malta, is governed by national and European Union standards ensuring the protection of individuals fleeing persecution, war, or serious harm in their home countries. Malta, as an EU member state, applies the 1951 Refugee Convention and follows EU directives related to asylum applications, refugee status, and subsidiary protection. Marsaskala, a locality in southeastern Malta, falls under this framework, offering support structures but relying primarily on national institutions in Valletta for processing and decision-making.

Why You May Need a Lawyer

Seeking asylum can be a complex and stressful process, often involving detailed documentation, interviews, and legal scrutiny. People may need a lawyer during the asylum process in Marsaskala for several reasons:

• Understanding your rights and obligations under Maltese and EU law
• Assistance in preparing and submitting an asylum application
• Representing you during interviews or hearings with the International Protection Agency (IPA) or other authorities
• Appealing a rejection of your asylum application
• Advising on family reunification and other humanitarian issues
• Navigating detention or deportation proceedings
• Supporting victims of trauma, trafficking, or other vulnerabilities during the process

Local Laws Overview

In Malta, the key legislation governing asylum is the Refugees Act (Chapter 420 of the Laws of Malta), complemented by subsidiary legislation and EU regulations. The International Protection Agency is the main authority for handling asylum applications. Key aspects include:

• Right to apply for asylum regardless of mode of entry into Malta
• Safeguards against refoulement, meaning you cannot be returned to a country where your life or freedom is threatened
• Procedures for examining asylum claims, including interviews and provision of interpreters
• Access to legal assistance at all stages of the process
• Right to appeal decisions to the International Protection Appeals Tribunal
• Provisions for vulnerable applicants, including minors and victims of trafficking

In Marsaskala, while most services are accessed through national agencies, local support can be found through NGOs and the community serving asylum seekers and refugees.

Frequently Asked Questions

What is asylum and who qualifies for it in Malta?

Asylum is protection granted to individuals fleeing persecution due to race, religion, nationality, political opinion, or membership in a particular social group, as well as those facing serious harm in their country of origin. Both refugee status and subsidiary protection are forms of international protection available in Malta.

How do I apply for asylum in Marsaskala, Malta?

You can communicate your intention to apply for asylum to the police, Immigration authorities, or directly at the International Protection Agency. Initial registration and further procedures usually take place in Valletta, but legal assistance and NGOs in Marsaskala can help you prepare your application.

How long does it take to process an asylum application?

The processing time may vary depending on the complexity of the case and the workload of the authorities. It can take several months, during which you have certain rights as an applicant, such as access to basic healthcare and accommodation.

Will I be detained when I apply for asylum?

Some asylum seekers may be placed in detention shortly after arrival in Malta, particularly those arriving irregularly. However, Maltese law provides for alternatives to detention, and you have the right to appeal your detention with legal assistance.

Do I need a lawyer to apply for asylum?

While you are not required to have a lawyer, legal assistance can be very helpful in understanding the process, preparing your case, and appealing negative decisions. Many organizations offer free or low-cost legal aid to asylum seekers in Malta.

Can I work while my asylum application is being processed?

After nine months from the submission of your application, and if you have not received a final decision, you may apply for a work permit. Some categories of applicants may obtain work authorization sooner in specific circumstances.

What happens if my asylum application is rejected?

You have the right to appeal the decision to the International Protection Appeals Tribunal within 15 days from notification. Legal advice is strongly recommended in such cases to improve your chances of a positive outcome.

Can my family join me in Malta if I am granted asylum?

If you are recognized as a refugee or receive subsidiary protection, you may apply for family reunification under specific conditions. This process requires submitting an application and supporting documents through the authorities.

What support services are available to asylum seekers in Marsaskala?

Asylum seekers in Marsaskala can access support through national agencies, local NGOs, legal aid providers, and community organizations offering accommodation, healthcare, language courses, and psychological support.

Are there any fees for applying for asylum in Malta?

No, there are no application fees for seeking asylum or for appealing a decision. Legal aid may also be available free of charge or at a subsidized rate for those who qualify.

Additional Resources

If you are seeking legal advice or information on asylum in Marsaskala, Malta, the following resources can be very helpful:

• International Protection Agency (IPA) - the main authority for processing asylum applications
• Jesuit Refugee Service Malta - provides legal support and social services
• Aditus Foundation - offers independent legal advice and assistance to asylum seekers and refugees
• Malta Emigrants’ Commission - supports migrants and asylum seekers with various services
• Office of the Refugee Commissioner - the former body, now replaced by the IPA, which continues to provide guidance
• United Nations High Commissioner for Refugees (UNHCR) Malta - provides information and advocacy for asylum seekers
• Maltese Government Agency for the Welfare of Asylum Seekers (AWAS) - offers housing and welfare support

Next Steps

If you think you need legal assistance with your asylum application in Marsaskala, Malta, consider the following steps:

• Contact a qualified lawyer or reach out to one of the listed NGOs for advice and support
• Prepare your identity documents and any materials relevant to your case before your appointment
• Inform the authorities of your intention to apply for asylum as soon as possible
• Attend all scheduled interviews and hearings, and comply with any requests for information
• If you receive a refusal, seek legal advice immediately to appeal within the required timeframe

Getting professional legal help can significantly improve your understanding of the process and your chances of a successful outcome. Do not hesitate to seek assistance if you are unsure or face difficulties during your asylum journey in Marsaskala, Malta.