Magistrate Consuelo Scerri Herrera yesterday said that freedom is everyone’s fundamental right and irregular immigrants, unless they commit a crime, should be detained for the least possible time.

The magistrate said this in handing down her decision on an application filed by Kinfe Asmelash Gebrezgabiher, 33, from Eritrea, who arrived in Malta illegally.

The Refugees’ Commission, on 1 February 2006, turned down his application to be granted refugee status and this was confirmed by the commission’s appeals board later on that month.

The immigrant filed an application in court requested that he be released since, according to the UNHCR, Eritrean people should not be deported and should not even be detained. But the Attorney General’s office argued that anyone who arrives in Malta illegally should be detained pending his or her deportation.

Magistrate Scerri Herrera said Mr Gebrezgabiher is not being detained illegally since his application for asylum and for political protection have already been turned down. She said his fundamental rights have not been breached but recommended that irregular immigrants are detained for the least possible time because freedom is a fundamental right.