Best Asylum Lawyers in Mosta

About Asylum Law in Mosta, Malta

Asylum law in Mosta, Malta is governed by national Maltese legislation as well as wider European Union regulations. Individuals present in Mosta or elsewhere in Malta who fear persecution in their home country due to reasons such as race, religion, nationality, political opinion, or membership in a particular social group may be eligible to seek asylum. The asylum process is overseen by the Agency for the Welfare of Asylum Seekers (AWAS) and other governmental bodies. Applying for asylum is a legal process that provides protection and temporary stay while the claim is assessed. If granted, asylum results in legal status as a refugee, which comes with certain rights and responsibilities.

Why You May Need a Lawyer

Navigating asylum law can be complex and the stakes are high. Common situations where individuals may require legal help include:

• Completing and submitting the initial asylum application
• Understanding and collecting the required evidence to prove personal risk or persecution
• Appealing a denied asylum claim
• Dealing with interviews and communication with Maltese authorities
• Representing minors or vulnerable individuals seeking asylum
• Challenging detention or deportation orders
• Requesting family reunification after asylum is granted

A lawyer can provide invaluable advice, ensure that your case is properly presented, and advocate for your rights throughout the process.

Local Laws Overview

The main legal instruments governing asylum in Mosta and Malta include the Maltese Refugees Act, subsidiary legislation, and directly applicable European Union regulations such as the Dublin III Regulation. Key aspects of asylum law include:

• All asylum applications are processed through the Office of the Refugee Commissioner
• Applicants have a right to remain in Malta while their case is being assessed
• Special protections are available for unaccompanied minors and people with special needs
• Applicants must usually present themselves at an identified location to apply for asylum as soon as possible after arrival
• Decisions can be appealed, and claimants may be represented by legal counsel and interpreters
• The law provides for different types of protection: refugee status, subsidiary protection, and in some cases, temporary humanitarian protection
• Asylum seekers are entitled to basic needs such as shelter and healthcare during the assessment of their claim

Frequently Asked Questions

What is asylum and who can apply for it in Mosta, Malta?

Asylum is a form of international protection granted to people who have fled their home country and cannot return due to a well-founded fear of persecution. Anyone physically present in Malta, including Mosta, can apply if they meet the criteria.

Where do I submit my asylum application?

You should submit your asylum application to the International Protection Agency, previously known as the Office of the Refugee Commissioner, or at a designated location for new arrivals.

How long does the asylum process take in Malta?

Processing times can vary. Some decisions are made within months, but complex cases may take longer. Delays can occur due to workload or need for additional information.

Can I work while my asylum claim is being processed?

Asylum seekers in Malta may be able to work after a specified period, usually a few months from the date of application, and provided certain conditions are met.

What happens if my asylum application is rejected?

If your asylum application is rejected, you have the right to appeal the decision within a set period. Legal assistance is highly recommended for the appeal process.

What are the different types of protection available?

Malta grants refugee status, subsidiary protection, and in some cases temporary humanitarian protection based on the circumstances of each applicant.

Am I entitled to legal aid as an asylum seeker?

Yes, asylum seekers in Malta have the right to free legal aid in certain circumstances, particularly during the appeals process.

Can I include my family in my asylum application?

Family members who are present in Malta may be included in your application under certain conditions. Family reunification requests can be made after asylum is granted.

Where will I stay while my case is being processed?

Asylum seekers may be provided accommodation at open or closed reception centers depending on various factors, including vulnerability and family composition.

Can I be deported while my asylum claim is pending?

Once you have formally applied for asylum, you generally cannot be deported until a final decision is made on your claim and any appeal processes are concluded.

Additional Resources

Those seeking further information or support regarding asylum in Mosta, Malta may find the following resources useful:

• International Protection Agency (IPA) - Handles asylum applications and procedures
• Agency for the Welfare of Asylum Seekers (AWAS) - Offers social support and accommodation
• Jesuit Refugee Service Malta - Provides legal aid and support to asylum seekers
• UNHCR Malta - United Nations agency monitoring asylum rights
• Malta Emigrants’ Commission - Provides advocacy and assistance to migrants and asylum seekers
• Legal Aid Malta - Offers free or subsidized legal services to eligible applicants

Next Steps

If you or someone you know needs legal assistance with asylum in Mosta, Malta, consider the following steps:

• Reach out to a qualified lawyer experienced with asylum law in Malta
• Contact organizations providing free legal aid, such as Legal Aid Malta or Jesuit Refugee Service
• Prepare all relevant documents and information regarding your personal circumstances and reasons for seeking asylum
• Attend all required interviews and appointments with the relevant authorities
• Seek interpreters or support services if you have difficulty understanding or communicating in English or Maltese
• Keep track of deadlines for applications, appeals, and document submissions

Taking early action and accessing professional support can greatly improve your chances of a fair and successful asylum process in Mosta, Malta.