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Calleja & Associates Advocates

Calleja & Associates Advocates

Naxxar, Malta

Founded in 2004
10 people in their team
Calleja & Associates is a boutique commercial and civil law practice that provides bespoke services to a select clientele. We provide custom and...
Maltese
English

About Asylum Law in Naxxar, Malta

Asylum law in Naxxar, Malta, aligns with broader Maltese and EU regulations designed to protect individuals fleeing persecution and seeking refuge. Malta, a member of the European Union, follows the EU's Common European Asylum System (CEAS), which includes directives and regulations that standardize asylum procedures across member states. In Naxxar, asylum seekers undergo a detailed process to ensure their application is thoroughly investigated and their rights protected throughout the procedure.

Why You May Need a Lawyer

Seeking asylum can be a complex and emotionally taxing process. Here are some common situations where legal help is crucial:

  • Application Process: The asylum application involves intricate paperwork and understanding of legal jargon. A lawyer can help you navigate this efficiently.
  • Interview Preparation: Asylum seekers often undergo rigorous interviews. Legal advice can help you prepare adequately for these sessions.
  • Appeals: If your application is denied, you will need to appeal the decision. Legal representation is key in guiding you through the appeals process.
  • Documentation and Evidence: Gathering and presenting essential documents or evidence to support your asylum claim can be challenging without legal expertise.
  • Rights and Benefits: Lawyers help you understand your rights and any benefits or protections you may be entitled to as an asylum seeker.

Local Laws Overview

Select key aspects of local laws relevant to asylum in Naxxar, Malta:

  • Application Submission: Asylum seekers must submit their applications to the appropriate authorities in Malta upon arrival or as soon as possible.
  • Detention and Reception: Upon application, individuals may be placed in reception centers while their applications are processed. Conditions and duration of stay are regulated and monitored.
  • Process Timeframes: Maltese law outlines specific timeframes within which applications must be processed, usually within six months. Extensions are possible under certain conditions.
  • Rights during Process: Asylum seekers have the right to legal aid, information about the process in a language they understand, and the right to appeal decisions.
  • Humanitarian Protection: Besides refugee status under the 1951 Geneva Convention, Maltese law can grant subsidiary or humanitarian protection based on specific circumstances.

Frequently Asked Questions

What is asylum?

Asylum is a protection granted to foreign nationals who have fled their home country due to fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

How long does the asylum process take in Malta?

The asylum process in Malta typically takes up to six months, although it can be extended in certain cases. The entire procedure can sometimes take longer depending on case complexities and backlogs.

Can I work while my asylum application is pending?

Asylum seekers in Malta may be allowed to work depending on their circumstances and the stage of their application process. Legal guidance can provide specific advice based on your situation.

What happens if my asylum application is rejected?

If your asylum application is rejected, you can appeal the decision within a specified period. Seeking legal advice is highly recommended to navigate the appeals process effectively.

Can I apply for asylum if I entered Malta illegally?

Yes, you can apply for asylum regardless of how you entered Malta. However, you should apply immediately upon arrival or as soon as possible.

What kind of support will I receive as an asylum seeker?

As an asylum seeker, you are entitled to certain forms of support, including housing in reception centers, basic financial aid, healthcare, and legal assistance.

Is family reunification possible under Maltese asylum law?

Yes, if you are granted asylum, you may have the right to family reunification under certain conditions. It is advisable to seek legal guidance for specific cases.

Are there any fees involved in the asylum process?

No, the asylum application process in Malta is free of charge. However, seeking legal assistance might involve costs depending on the service provider.

What happens to my asylum application if I travel to another EU country?

Under the Dublin Regulation, the EU country where you first applied for asylum is generally responsible for processing your application. Traveling to another EU country could result in your transfer back to Malta.

Can I appeal against a negative decision on my asylum application?

Yes, you have the right to appeal against a negative decision. It is recommended to seek legal assistance to understand the grounds for appeal and navigate the process.

Additional Resources

For more information and assistance, consider reaching out to the following resources:

  • Office of the Refugee Commissioner: The entity responsible for examining asylum applications in Malta.
  • Jesuit Refugee Service (JRS) Malta: An organization providing support and legal aid to asylum seekers and refugees.
  • United Nations High Commissioner for Refugees (UNHCR) Malta: Offers assistance and information related to refugee rights.
  • Malta Legal Aid Agency: Provides free legal services to those who qualify, including asylum seekers.
  • Emigrants’ Commission: Offers assistance to migrants and asylum seekers in various aspects, including legal support.

Next Steps

If you need legal assistance with your asylum application in Naxxar, Malta, take the following steps:

  • Contact a lawyer specializing in asylum law as soon as possible.
  • Prepare all necessary documents and evidence related to your case. This includes identity documents, proof of persecution, and any other relevant information.
  • Attend consultations and follow the legal advice given by your lawyer diligently.
  • Stay informed about your rights and obligations throughout the asylum process by seeking regular updates from your legal representative and reputable organizations.
  • Make use of available resources and support services to help you navigate the complex process effectively.

By following these steps and utilizing available resources, you can improve your chances of success in your asylum application in Naxxar, Malta.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.