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21/04/2022
MT: The Immigration Appeals Board confirmed the detention measure applied in the case of an asylum applicant from Côte d'Ivoire and ordered that the applicant be kept in facilities adequate for minors.

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, D.A. v The Principal Immigration Officer, 21 April 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=2778
Case history
Other information

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, 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 Côte d'Ivoire arrived in Malta in November 2021, where he stated that he is a minor upon arrival and was detained after disembarkation by the health authorities. In the age assessment procedure, the applicant was rejected in January 2022, which he appealed before the Immigration Appeals Board, Division II.


In addition, he appealed the detention order issued in February 2022, arguing that he was detained solely because of his nationality. He further raised the lack of an individual assessment and the absence of a consideration of alternative measures to detention and of the fact that detention should be a measure of last resort.


The Immigration Appeals Board decided that the detention measure was lawful and ordered that the applicant be kept in facilities adequate for minors. The Board further decided that it would review the detention in two months unless a decision on his age assessment would be adopted or an alternative to detention is provided.


 


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
21/04/2022
Country of Origin
Côte d'Ivoire
Keywords
Age assessment
Detention/ Alternatives to Detention
Minor / Best interests of the child
Unaccompanied minors
Vulnerable Group
Other Source/Information
International Commission of Jurists