A critical assessment of the procedure and criteria applied for determining asylym applications in Malta at first instance

Abstract

This thesis presents a critical assessment of the asylum determination procedure in Malta. It argues that as an administrative adjudicating authority, administrative acts and decisions undertaken by the Office of the Refugee Commissioner must be fair, transparent, open and effective to ensure an asylum determination procedure that abides by the principles of natural justice as demanded in a democratic society that adheres to the rule of law. Chapter one deals with a general overview of the history and legal instruments that deal with asylum seekers and the determination procedure and an overview of the asylum procedure in Malta. Chapter two goes on to introduce the actors involved in the field. It will examine the role of the Office the Refugee Commissioner and other actors, namely legal representatives, NGOs and UNHCR. Chapter three examines how information gathering is conducted in order to determine a claim for asylum. An in depth examination will be made of the establishment of the asylum claim. Chapter four will deal with the assessment of the asylum claim. It will examine how claims are assessed on facts presented by the asylum applicant and how such facts are then interpreted according to law. Lastly, the fifth chapter deals specifically with procedural guarantees that must necessarily exist in an asylum determination process. This will be achieved by examining the administrative decisions of the Office of the Refugee Commissioner and how such decisions could affect the right to fair hearing and adequate representation on the part of the asylum applicant. The final and concluding chapter will attempt to provide recommendations of the changes required in order to achieve a transparent, open and a fair and effective asylum determination procedure.