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14/07/2022
MT: The Immigration Appeals Board allowed an appeal against a decision of the Agency for the Welfare of Asylum Seekers (AWAS) as ultra vires and ordered the release of a minor and his return to the Dar Il-Liedna open shelter for unaccompanied children.

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, 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.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2779
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, F.B. v The Principal Immigration Officer, 04 October 2021. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

The applicant challenged the decision of the Agency for the Welfare of Asylum Seekers (AWAS) before the Immigration Appeals Board. The challenged decision reversed a previous decision of the AWAS to declare the applicant a minor, following the submission of a “photo of documentation” by the Principal Immigration Officer which showed that the applicant was an adult.


The Immigration Appeals Board declared the case closed noting that the Principal Immigration Officer has no locus standi in age assessment procedures and the AWAS has no competence to review its own decisions on age assessment. The Board concluded that the applicant is a minor, as originally concluded by the AWAS and that he must be released and returned to the Dar Il-Liedna open shelter for unaccompanied children.


Country of Decision
Malta
Court Name
MT: Immigration Appeals Board
Case Number
Date of Decision
14/07/2022
Country of Origin
Bangladesh
Keywords
Age assessment
Detention/ Alternatives to Detention
Minor / Best interests of the child
Unaccompanied minors
Vulnerable Group
Source
Aditus