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03/12/2021
MT: The Immigration Appeals Board reviewed the detention of an asylum applicant from Ghana who claimed to be a minor after disembarkation in Malta.

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, Y.M.O. v The Principal Immigration Officer, 03 December 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=2777
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, 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, 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

The applicant, a national of Ghana, disembarked in Malta in July 2021, where he declared that he is a minor. He was detained after disembarkation and his application for international protection was rejected in October 2021. Following an age assessment procedure, the applicant was considered an adult, and he appealed the decision of the Agency for the Welfare of Asylum Seekers (AWAS).


The applicant challenged his detention before the Immigration Appeals Board.


The Immigration Appeals Board rejected the appeal with regard to the detention measure, noting that the applicant should file a request for bail since the detention was ordered for removal. In addition, the Board upheld the request for bail subject to a care and custody order.


 


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
03/12/2021
Country of Origin
Ghana
Keywords
Age assessment
Detention/ Alternatives to Detention
Minor / Best interests of the child
Unaccompanied minors
Vulnerable Group
Other Source/Information
International Commission of Jurists