The asylum procedure is a very complex thematic. The right to seek asylum, because a person is in need of protection, is settled down in the 1951 Refugee Convention. 147countries agreed that when a person’s life is in danger because of persecution, he/she deserves protection. If a country is not able to protect its citizens, or maybe the government itself is the cause of persecution, then another country is supposed to help people who flee. The right to seek asylum is even mentioned in the Universal Declaration of Human Rights. Aim of this paper is to describe in detail the different forms of protection awarded to asylum seekers in Malta, including an analysis of the legal framework and a description of the similarities, differences and criteria, which must be fulfilled for each form of protection. In the first part, the focus will be on the legal framework these different regimes are based on. Before analysing the forms of protections, as it is important to have an idea about what it means to be an asylum seeker in Malta, we will here provide some data about applications in Malta. However, the main part of this paper will concentrate on the three protection forms granted to asylum seekers in Malta. There will be a discussion about the differences and similarities on these forms of protections before getting to a conclusion.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Convention Relating to the Status of Refugees
- Legal framework
- Being an asylum seeker in Malta
- Forms of protection
- Refugee Status
- Subsidiary Protection
- Humanitarian protection
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper aims to detail the various forms of protection granted to asylum seekers in Malta. It analyzes the legal framework underpinning these protections, comparing and contrasting the criteria for each. The paper also explores the experience of being an asylum seeker within the Maltese system.
- The legal framework for asylum in Malta and its relationship to EU law.
- The different forms of protection available to asylum seekers in Malta (refugee status, subsidiary protection, humanitarian protection).
- The criteria and processes involved in obtaining each form of protection.
- The practical realities of being an asylum seeker in Malta.
- Similarities and differences between the various forms of protection offered.
Zusammenfassung der Kapitel (Chapter Summaries)
Introduction: This introductory chapter establishes the complexity of the asylum procedure and the fundamental right to seek asylum as enshrined in the 1951 Refugee Convention and the Universal Declaration of Human Rights. It outlines the paper's objective: to comprehensively analyze the different forms of protection offered to asylum seekers in Malta, including a detailed examination of the legal framework, criteria, similarities, and differences involved in each form of protection. The introduction also provides a brief overview of the structure of the paper, highlighting the focus on the Maltese asylum system and the three primary forms of protection granted.
Convention Relating to the Status of Refugees: This chapter delves into the 1951 Refugee Convention, its historical context, and its significance in defining the term "refugee" and establishing the legal obligations of states to protect them. It discusses the convention's evolution, including the 1967 Protocol which removed geographical and temporal limitations. The chapter highlights the convention's core principle of non-refoulement and the standards of treatment it sets for refugees. It also touches upon the historical context of the convention’s creation, emphasizing its emergence in the aftermath of World War II as a response to the significant refugee crisis of the time. The chapter concludes by noting the role of the UNHCR in the implementation of the convention.
Legal framework: This chapter focuses on the EU's efforts to establish a Common European Asylum System (CEAS) and harmonize asylum procedures among its member states. It traces the development of the CEAS, highlighting key legislative milestones such as the Family Reunification Directive and the Temporary Protection Directive. The chapter also emphasizes the three pillars of the CEAS: harmonization, effective cooperation, and shared responsibility among member states. Finally, it notes that because full harmonization hasn't yet been achieved, the chapter will delve into the specifics of Maltese national law regarding asylum procedures and protection types.
Being an asylum seeker in Malta: This chapter describes the practical aspects of the asylum process in Malta, focusing on the role of the Office of the Refugee Commissioner (RefCom). It outlines the steps involved in applying for asylum, including the initial interview, fingerprint collection, and subsequent interviews. The chapter also details the rights and obligations of asylum seekers in Malta, as defined by the UNHCR. It then briefly touches on the demographics of asylum seekers in Malta at the end of 2016.
Schlüsselwörter (Keywords)
Asylum seekers, Malta, Refugee Convention, Subsidiary protection, Humanitarian protection, Legal framework, EU asylum system, Refugee status, Non-refoulement, Asylum procedure.
Frequently Asked Questions: A Comprehensive Guide to Asylum in Malta
What is this document about?
This document provides a comprehensive overview of the asylum system in Malta. It details the various forms of protection available to asylum seekers, the legal framework governing these protections, and the practical realities of the asylum process in Malta. The document includes an introduction, chapter summaries, objectives, key themes, and keywords.
What are the main objectives of this document?
The primary objective is to thoroughly explain the different types of protection granted to asylum seekers in Malta: refugee status, subsidiary protection, and humanitarian protection. It aims to analyze the legal framework underpinning these protections, comparing and contrasting the criteria for each, and exploring the experiences of asylum seekers within the Maltese system.
What are the key themes explored in this document?
Key themes include the legal framework for asylum in Malta and its connection to EU law; the criteria and processes for obtaining each form of protection; the practical realities faced by asylum seekers in Malta; and a comparison of the similarities and differences between the various forms of protection.
What forms of protection are available to asylum seekers in Malta?
The document outlines three main forms of protection: Refugee Status (based on the 1951 Refugee Convention), Subsidiary Protection (for those facing a real risk of serious harm), and Humanitarian Protection (granted on humanitarian grounds).
What is the role of the 1951 Refugee Convention?
This chapter explores the 1951 Refugee Convention, its historical context, and its significance in defining "refugee" and establishing states' legal obligations to protect them. It discusses the convention's core principle of non-refoulement (not returning refugees to places where they face danger) and the standards of treatment it sets for refugees.
How does the Maltese asylum system relate to EU law?
The document discusses the EU's Common European Asylum System (CEAS) and its efforts to harmonize asylum procedures across member states. It explains how Malta's national asylum law interacts with and, in some areas, deviates from EU legislation.
What is the process of seeking asylum in Malta like?
The document describes the practical aspects of the asylum process, including the role of the Office of the Refugee Commissioner (RefCom), the steps involved in applying for asylum (initial interview, fingerprinting, etc.), and the rights and obligations of asylum seekers in Malta.
What are the key differences between the various forms of protection?
While the document details each form of protection separately, a key comparative analysis highlighting the similarities and differences in the criteria, processes, and resulting rights and benefits is included.
What are the keywords associated with this document?
Key words include: Asylum seekers, Malta, Refugee Convention, Subsidiary protection, Humanitarian protection, Legal framework, EU asylum system, Refugee status, Non-refoulement, Asylum procedure.
Where can I find more information on the Maltese asylum system?
While this document provides a comprehensive overview, further research may be needed. It would be beneficial to consult official government websites (such as the Maltese government's immigration and asylum pages) and reports from organizations like the UNHCR for the most up-to-date information.
- Arbeit zitieren
- B.A. Integrated European Studies Amelia Martha Matera (Autor:in), 2018, Forms of Protection Awarded to Asylum Seekers in Malta. An analysis of the legal framework, criteria, similarities and differences, München, GRIN Verlag, https://www.grin.com/document/442597
