Best Asylum Lawyers in Tarxien

About Asylum Law in Tarxien, Malta

Asylum law in Tarxien, Malta, provides protection for individuals fleeing persecution, violence, or threats to their safety in their home countries. Malta, as a member of the European Union, follows the principles set by international conventions including the 1951 Refugee Convention and EU directives. The process is centralized and applies throughout the Maltese territory, including Tarxien, which means asylum seekers in this locality follow the same procedures as elsewhere in Malta. The system offers options for international protection, including refugee status and subsidiary protection, depending on the applicant's circumstances.

Why You May Need a Lawyer

Seeking asylum can be a complex and challenging process. Individuals may require legal help for several reasons. Some common situations include:

• Understanding and preparing an asylum application
• Facing an interview with the Agency for the Welfare of Asylum Seekers (AWAS) or the International Protection Agency (IPA)
• Appealing a negative decision or a rejected asylum application
• Dealing with issues related to detention or accommodation
• Family reunification requests
• Concerns about deportation or removal from Malta
• Difficulties accessing social support and rights as an asylum seeker
• Any communication difficulties, especially if legal documents are not in the applicant's language

A lawyer can guide individuals through requirements, deadlines, and procedures, and help defend their rights throughout the process.

Local Laws Overview

In Tarxien, as in the rest of Malta, asylum law is regulated under several legal instruments. The International Protection Act and related subsidiary legislation outline the framework for asylum procedures. Key aspects include:

• Applicants must submit their request for asylum to the International Protection Agency as soon as possible upon arrival in Malta.
• The law provides for a personal interview to assess the applicant's claim unless exceptions apply.
• There are two main forms of protection available, refugee status and subsidiary protection, each with its eligibility criteria.
• Applicants may be held in designated reception centers while their claims are processed, and detention is only used in specific circumstances with legal safeguards.
• Decisions can be appealed to the International Protection Appeals Tribunal within set time limits.
• Rights and obligations during the application process include access to basic support, education for minors, healthcare, and the right to legal representation.

National and EU law both play roles in determining the outcome and treatment of asylum applications in Tarxien.

Frequently Asked Questions

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

Asylum is a form of international protection given to people who are unable to return to their home country due to a real risk of persecution or harm. Anyone physically present in Malta, including Tarxien, and fearing for their safety in their home country, can apply for asylum.

Where do I start the asylum process in Tarxien?

The process begins with submitting an application to the International Protection Agency, either at the border, upon entry, or at designated offices in Malta. Legal advice can help you with the submission.

How long does the asylum process take in Malta?

Processing times vary. Initial interviews may happen within weeks, but the entire decision process can take several months or longer, especially if appeals are involved.

Can I appeal if my asylum application is rejected?

Yes, you have the right to appeal a negative decision. Appeals must be lodged within set timeframes with the International Protection Appeals Tribunal.

Will I receive accommodation during my asylum application?

Asylum seekers may be hosted in open or closed reception centers, depending on their situation, until a decision is made or alternative accommodation is secured.

Can I work while my asylum application is pending?

Work rights are limited and usually become available after you have spent a certain period in Malta. Specific regulations apply, and legal guidance is advised for updates.

What is subsidiary protection?

Subsidiary protection is granted when individuals do not qualify for refugee status but still face a real risk of serious harm if returned to their country of origin.

What documents will I need to provide?

Applicants should provide identification, travel documents, and any evidence supporting their claim of persecution or risk. Legal assistance can help organize these documents.

What support services are available to asylum seekers in Tarxien?

Support includes basic accommodation, healthcare, education for minors, and some social services. Various NGOs and agencies offer additional assistance.

How can I reunite with my family members through the asylum process?

Family reunification may be possible for certain family members if you are granted protection. This process involves specific requirements and deadlines, and legal advice is strongly recommended.

Additional Resources

If you need further information or support about asylum in Tarxien, Malta, the following organizations and governmental bodies can help:

• International Protection Agency (IPA) - Handles asylum applications and interviews.
• Agency for the Welfare of Asylum Seekers (AWAS) - Provides accommodation and support services to asylum seekers.
• International Protection Appeals Tribunal - Deals with appeals of denied applications.
• Jesuit Refugee Service Malta - Offers legal support and social assistance.
• Red Cross Malta - Provides assistance with accommodation, health, and social welfare.
• aditus foundation - Specializes in legal assistance, human rights, and migration law.

Each of these resources offers services either free or at minimal cost, depending on your circumstances.

Next Steps

If you or someone you know is considering seeking asylum in Tarxien, Malta, follow these steps to get the help and protection you need:

• Contact a qualified lawyer or NGO specializing in asylum and migration law as soon as possible.
• Gather all personal documents, identification, and any evidence related to your asylum claim.
• Start the application process with the International Protection Agency with guidance from legal professionals.
• Follow all procedural requirements, attend interviews and meetings, and respect deadlines for submissions and appeals.
• Make use of available support services for accommodation, healthcare, and counseling while your application is processed.
• Stay informed about your rights and obligations during your entire asylum process.

Remember, legal guidance is crucial to ensure your rights are protected and your application is handled properly. Do not hesitate to reach out for help at the earliest opportunity.