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04/10/2021
MT: The Immigration Appeals Board annulled a detention order issued against a national of Ghana and held that the appellant should be placed in the care of AWAS considering the pending appeal regarding his age assessment.

ECLI
Input Provided By
Individual Expert
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Malta, Immigration Appeals Board, F.B. v The Principal Immigration Officer, 04 October 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2773
Case history
Other information

Malta, Immigration Appeals Board, D.A. v The Principal Immigration Officer, 21 April 2022. Link redirects to the English summary in the EUAA Case Law Database.

Malta, Immigration Appeals Board, Y.M.O. v The Principal Immigration Officer, 03 December 2021. Link redirects to the English summary in the EUAA Case Law Database.

Malta, Immigration Appeals Board, W.K.A. v The Principal Immigration Officer, 04 October 2021. Link redirects to the English summary in the EUAA Case Law Database.

Malta, Immigration Appeals Board, R.M. v The Principal Immigration Officer, 24 March 2022. Link redirects to the English summary in the EUAA Case Law Database.

Malta, Immigration Appeals Board, M.M. v The Principal Immigration Officer, 13 April 2022. Link redirects to the English summary in the EUAA Case Law Database.

Malta, Immigration Appeals Board, Applicant v The Agency for the Welfare of Asylum Seekers (AWAS), 14 July 2022. Link redirects to the English summary in the EUAA Case Law Database.
Abstract

A national of Ghana, who was rescued and disembarked in Malta in July 2021, declared that he was a minor upon arrival, and he was detained upon disembarkation. He was issued with a removal order in August 2021. As he applied for asylum, the Principal Immigration Officer suspended the removal order and issued a detention order, which was appealed.


The appellant also challenged the age assessment decision pronounced by the Agency for the Welfare of Asylum Seekers (AWAS).


Considering the pending age assessment appeal, the Board noted that the appellant must be presumed a minor and therefore the detention order should be annulled, and the appellant placed in the care of AWAS.


 


Note:


Legal basis for removal orders: Articles 5 and 14 of the Immigration Act.


Legal basis for detention orders (applies to applicants for international protection): Regulation 6 of S.L. 420.06 Reception of Asylum Seekers Regulations
Country of Decision
Malta
Court Name
MT: Immigration Appeals Board
Case Number
Date of Decision
04/10/2021
Country of Origin
Ghana
Keywords
Age assessment
Detention/ Alternatives to Detention
Minor / Best interests of the child
Unaccompanied minors
Vulnerable Group