The ministry said that agreement had been reached with the Italian authorities because the immigrants had pulled in to within one-and-a-half miles of Malta’s coast. This was coupled with the fact that there was inclement weather, high winds and that the boat was deemed to be in distress.

On the day in question, although some 100 immigrants decided to be taken into Malta, the rest refused to enter Malta and continued on to Sicily.

The fact that the Armed Forces did not use force to prevent the immigrants leaving Maltese waters does not change Malta’s legal obligations, said the ministry. However, five people will not be sent back to Malta because they are wanted in connection with human trafficking.

The ministry stated that the 8 December 2001 agreement between Malta and Italy did not apply in this case. The agreement stipulated that irregular migrants leaving from Maltese airports, ports or bays can be sent back from Italy immediately. But in this case the illegal immigrants were in our territorial waters and not in Malta proper. As a result, international law regarding the first port of call was applied.

In comments given to The Malta Independent, Interior Minister Tonio Borg said that this was a case of Malta having been the first and closest port of call to the immigrants when the incident took place.

He said Malta will not shy away from its international obligations and will take the immigrants in because they had ignored orders to board an AFM vessel. He said the AFM’s decision not to use force was a good one, but Malta will honour the law.