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24/03/2022
MT: The Immigration Appeals Board decided that the detention of an applicant from Bangladesh, claiming to be a minor, was lawful and directed the Principal Immigration Officer to place the person in the Buffer Zone of the AWAS Open Centre in the conditions considered appropriate and necessary by AWAS.

ECLI
Input Provided By
Individual Expert
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, R.M. v The Principal Immigration Officer, 24 March 2022. 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=2775
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, 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, F.B. v The Principal Immigration Officer, 04 October 2021. 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 Bangladesh was rescued and disembarked in Malta in December 2021. He was placed in detention and he requested asylum. As he declared that he was a minor, he was referred for to the age assessment procedure, in which it was concluded by the Agency for the Welfare of Asylum Seekers (AWAS) that he was an adult. He appealed this decision before the Immigration Appeals Board, as well as the one regarding the detention, arguing that detention was not lawful as it was not a measure of last resort.


The Board decided that the detention measure was lawful, noting that the date of birth declared by him upon arrival was 10 November 2001. In addition, the Board decided that until the appeal on the age assessment is decided, the applicant is to be transferred to the Buffer Zone within the AWAS Open Centre in the conditions considered appropriate and necessary by 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
24/03/2022
Country of Origin
Bangladesh
Keywords
Age assessment
Detention/ Alternatives to Detention
Minor / Best interests of the child
Unaccompanied minors
Vulnerable Group
Other Source/Information
International Commission of Jurists