Judge throws lifeline to group of Malians facing deportation

A court has ruled that it will hear the case filed by nine failed asylum seekers from Mali, noting that the principal complaint was the fact that the men had been detained under the same removal order that had been issued upon their arrival

The nine Malians were released after three months under arrest
The nine Malians were released after three months under arrest

A Constitutional Court has ruled that it will hear the case filed by nine failed asylum seekers from Mali who are facing repatriation.

The group was released earlier this month, after spending three months in detention.

Madame Justice Lorraine Schembri Orland, presiding the First Hall of the Civil Court in its constitutional jurisdiction delivered a ruling this morning, ordering the case to proceed with hearing evidence and submissions.

The court noted that the principal complaint was the fact that the men had been detained under the same removal order that had been issued upon their arrival, despite the fact that they had integrated into Maltese society over the years.

They had also raised issues relating to the recognition of their rights, their access to legal assistance and to effective remedies. “Certainly these considerations are not within the competence of the Immigration Appeals Board.” It noted that one of the remedies sought had been their release from detention, which had since been granted.

The court said it would be hearing submissions on the case, noting that the applicants had “no other suitable remedy available at law for the breach of rights that they claim.”

The prolonged arrest of the migrants sparked public outcry and media protests. Minister Carmelo Abela eventually ordered the release of the men, arguing that Mali had failed to send in the necessary documentation required for the deportation and readmission into the country.