The Malta Independent 7 August 2026, Friday
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No Mandate

Malta Independent Sunday, 14 October 2007, 00:00 Last update: about 20 years ago

From Mr A. Ciantar

I refer to the letter “No mandate to protect asylum seekers?” (TMIS, 7 October) in response to my letter “No mandate” (TMIS, 30 September).

The report by Herman Grech (The Sunday Times, 23 September) quoted specifically Alex Tortell, a Ministry Social Policy adviser, as saying “we want to work towards a solution outside the open centres… It’s either integration and resettlement or return”.

Article 33 of the UN Convention relating to the status of refugees, prohibits the expulsion or return of a refugee, save in situations where the refugee is a danger to the security of the country in which he currently resides, is convicted by final judgement of a particularly serious crime, or constitutes a danger to the community of that country.

It therefore follows that Mr Tortell’s statement “it’s either integration and resettlement or return” does not relate either to refugees or asylum seekers, but must refer to illegal immigrants who are not eligible for refugee status and who have no legal claim or right to be in this country. All immigrants refused admission into Malta, or issued with a removal order in terms of the Immigration Act after they have been apprehended for irregular or illegal entry or stay, are detained until they can be removed from national territory.

It was on this basis that the political mandate, which would allow the Ministry to promote a policy of integration and resettlement of illegal immigrants and allowed access to employment, was questioned.

In implementing such a policy, the Minister would be acting ultra vires.

Perhaps the Ministry will come forth with a clear and definite declaration on this issue.

Ghalina. Ghal Uliedna. Ghal Pajjizna.

Arthur Ciantar

MARSAXLOKK

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