A few days ago the Auditor General issued a very detailed Performance Audit Report on the effectiveness of our country’s asylum process

The mission statement of the National Audit Office (NAO) is to “help promote accountability, propriety and best practices in government operations.” In effect, the Auditor General has statutory authority to report to the House of Representatives on the economy, efficiency and effectiveness of government departments.

This report deals with various aspects of the irregular migration phenomenon, of which the asylum process is an important, almost determining part. The asylum process involves the application for asylum which is seen to by the Office of the Refugee Commissioner (REFCOM) and in the second instance by the Refugee Appeals Board should the asylum application be initially refused.

Although the Office of the Refugee Commissioner has been in existence for almost 10 years, the challenges it faces change continuously. This depends largely on the irregularity of migration patterns that affect our country. Rather than a steady stream of small boats, in recent years we have been witnessing more haphazard arrivals of boats carrying in excess of 150 persons. As the NAO report rightfully comments, “the efficiency in dealing with asylum applications is of critical importance due to the humanitarian aspects involved which must be addressed in accordance with Maltese and International law.” In view of this, the present Refugee Commissioner set two main priorities for his Office: An increase in efficiency in the determination of asylum applications and giving the right information to potential asylum applicants about the determination process.

The increase in efficiency in the determination of asylum applications was implemented in two stages, the first being that of concluding all cases in an average of six months from the date of application and subsequently improving this to ensure that if possible, all cases are closed within six months through improvements in the human and material resources allocated to the REFCOM’s Office. It has to be said that in the last three years (2008, 2009 and 2010) the first objective had been reached. This year REFCOM is on track to achieve the latter. In fact, 68% of cases were closed within six months in 2010, while the remaining 32% took more than six months to conclude. The NAO report also gave various reasons why this was often unavoidable. But on average, all cases were closed in 151 days – just five months.

In light of the above facts, the NAO described these achievements as a “significant improvement over the previous years” attributing such progress to the strengthening of the REFCOM’s administrative capacity and business processes reengineering.

The improvements are continuing. This year so far, REFCOM has already concluded 544 cases in less than three months, which is a good sign that the aim of concluding all cases within six months can be achieved.

The NAO’s positive assessment of the operations of the Refugee Commissioner’s Office is echoed in statements made in the past by relevant international institutions. When European Commissioner Jacques Barrot visited Malta in February 2009, he was pleased to hear that Malta’s Refugee Office was setting the target of closing all cases within six months and even described this as a “best practice in Europe”. In the recent report of the Council of Europe’s Human Rights Commissioner, Thomas Hammarberg, this efficiency has also been mentioned as one of the improvements which have taken place in Malta in the field of asylum. Other points considered positively by Dr Hammarberg were the increase in the number of people who were granted refugee status and the information sessions being given to all potential asylum seekers.

This latter point was also mentioned by the NAO’s report which concluded that “Malta has the appropriate mechanisms to ensure that the rights of asylum seekers are respected.” It has to be said that this was also made possible through the participation by the Office of the Refugee Commissioner in a European Refugee Fund Project, which helped it set up and have the necessary resources to make such impartation of information possible.

Although the audit report by the NAO makes suggestions on possible improvements to the asylum appeals process, it does give an overall positive assessment of Malta’s asylum determination process and acknowledges that significant progress has been registered in this area since the first major influx of asylum seekers in 2002. It is therefore fitting to commend the Refugee Commissioner, Mr Mario Guido Friggieri, his staff and the supporting staff at the Ministry for Justice and Home Affairs for this report.

Asylum seekers take to their boats in search of a better, fairer life elsewhere in Europe. A just asylum determination process is in most cases the decisive factor in their quest. This latest NAO report further proves that Malta is not only committed to saving the lives of asylum seekers in the Mediterranean Sea but also has effective structures to help those who deserve international protection in a fair and effective manner.

Dr Mifsud Bonnici is Minister of Justice and Home Affairs