A report by the European Asylum Support Office (EASO) has revealed that Malta experienced a 39% decrease in asylum applications and a 21% increase in pending cases in 2020 when compared to 2019.

The statistics emerging from the report show that a total of 2,480 asylum applications were received in 2020, whilst a total of 4,090 asylum applications were received in 2019. In the year 2018, 2,130 applications were received.

The annual report which seeks to highlight the asylum situation in the European Union and expose the strengths and weaknesses of EU asylum systems brought about by the Covid-19 pandemic, also showed that Malta's pending cases increased to a total of 5,140.

Meanwhile, a total of 2,020 pending cases at the end of 2018 were recorded, and in 2019 the report highlighted that there were 4,260 cases pending. 

The top country of origin for both asylum applications and pending cases was Sudan.

The figures showed there were a total of 484,670 asylum applications across the EU in 2020 - down by 32% when compared to the 716,115 in 2019. In addition, a 64% decrease was also noted when compared to the peak in 2015 (1.4 million). The reduction in applications was primarily due to restricted mobility and travel, rather than a decrease in the number of people in need of international protection.

Romania was at the top of the list with a 138% increase in the number of applications received, followed by Bulgaira (+64%).

Overall, the EASO noted that 2020 saw the lowest number of asylum applications in the EU since 2013.

While two-thirds of all asylum applications in 2020 were lodged in just three countries: Germany (122,000), France (93,000) and Spain (89,000), the impact of arrivals was heightened for countries at the external borders.

When considering GDP and population, Cyprus, Greece and Malta continued to be under the greatest pressure to receive and accommodate asylum applicants, the EASO report noted.

Changes in overall asylum system

The EASO report noted that several changes were implemented in Malta to improve the overall asylum system.

On 7 August 2020, the International Protection Agency (IPA) was established to replace the Office of the Refugee Commissioner. An amendment to the Refugees Act was also approved to align national legislation with EU Directives, also yielding consequential amendments to the Procedural Standards for Granting and Withdrawing International Protection Regulations, the report read. The amendments included changes to granting and withdrawing international protection, updates to the definition of manifestly-unfounded applications, a new provision on the lapsing of international protection (unequivocal renunciation) and adding sexual orientation and gender identity (SOGI) as a particular social group.  

The report also highlighted that Malta established the International Protection Appeals Tribunal to replace the Refugee Appeals Board. "The Refugees Act (the International Protection Act, Article 5) was amended, introducing a full-time chairperson for each chamber of the International Protection Appeals Tribunal, along with two or more members on a part-time basis appointed by the President acting on the advice of the Prime Minister. "

EASO said that the Agency for the Welfare of Asylum Seekers (AWAS) in Malta plans to improve its processes in 2021 with the introduction of an IT tool for data management in reception centres. It also seeks to strengthen the centres' administrative capacities by hiring new staff who filled previously empty posts, including several senior administrators.

It was also noted that countries like Malta and Italy made use of ships as quarantine facilities for persons arriving by sea for the initial quarantine period, "a measure which was heavily criticised by civil society organisations."

Reception capacity

Even though the overall number of asylum applications decreased in 2020, the EASO report showed that migration patterns affected Member States to various degrees throughout the year. Some Member States such as Belgium, France, Ireland, Luxembourg, Malta, the Netherlands and Spain continued to lack reception capacity.

Renovation and refurbishment needs

It was also highlighted that the conditions in open reception centres in Malta remained overall poor and often continued to deteriorate due to the pandemic, with run-down infrastructure, issues with access to bathrooms, limited availability of hot water and the lack of heating or air conditioning.

The Maltese authorities underlined that since March 2020, AWAS was implementing mitigating measures to prevent the spread of Covid-19 and ensured a high level of hygiene. Staff on the maintenance team was increased, centre units were created and a number of projects were launched in 2020, including the repair and maintenance of additional toilet and shower facilities, the refurbishment of the Marsa Centre and the opening of the Hangar Open Centre in Ħal Far, the report noted.

Conditions in detention

Meanwhile, the conditions in detention for facilities was also noted. These are periodically reviewed by national and international human right bodies. As part of its monitoring, the Council of Europe's Committee for the Prevention of Torture (CPT) visited Malta in September 2020 to review the conditions in facilities run by AWAS and the Detention Service.

The reported highlighted that in both cases, the CPT recommended that the Maltese authorities improve the living conditions which may amount to inhuman and degrading treatment, contrary to the European Convention on Human Rights, Article 3.  

It also recommended to provide outdoor activities to detainees and take specific measures for vulnerable group, especially families with children, unaccompanied and separated minors, as well as women).

The CPT called for immediate action to transfer vulnerable people to open detention centres, to stop the detention of women and children, and to renovate the detention facilities to provide an adequate environment.

The report noted that the Maltese authorities embarked on a number of projects to improve the conditions, including refurbishing and renovation works, offering programmes and activities for children in line with health measures, and speeding up the transfer of vulnerable applications from closed to open centres, with immediate referral to social workers and the therapeutic team within AWAS.