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.