Refugees with false passports should not be prosecuted, human rights NGOs say

Refugees travelling to Malta using false documents should be exempted from prosecution, a group of human rights NGOs has said.

JRS Malta, aditus foundation, Integra Foundation and the Malta Emigrants’ Commission also called on the government to commit to reuniting at least 500 spouses and children with their family members under subsidiary protection in Malta within the next year.

To mark World Refugee Day, the NGOs noted how a young Libyan man recently obtained a false Libyan passport that he used to fly to and seek refuge in Malta, rather than risk his life travelling to the island by sea.

He was arrested upon arrival and imprisoned for six months.

“We welcome Malta’s recent review of its detention policy, but we underline its inconsistency with legislation that imprisons the same refugees who would be exempt from detention had they risked their lives to enter the country,” they said in a joint statement.

“The provision of safe and legal ways to reach Europe is the most effective way to prevent refugees from resorting to unsafe and irregular means of travel.

“We feel there is much Malta can do to advocate for such means at EU level, including urging a more meaningful resettlement commitment and encouraging a broader and more proactive use of humanitarian visas.”  

The NGOs questioned why Malta doesn’t permit beneficiaries of subsidiary protection to be reunited with their families, a right it only permits to people who qualify for refugee status.

“Subsidiary protection, like refugee status, acknowledges that it is impossible for beneficiaries to return back to their homes,” they said in a joint statement. “It is renewed every three years for as long as is necessary. Many subsidiary protection beneficiaries have been living in Malta for several years.

“Unlike many EU member states, Malta doesn’t permit beneficiaries of subsidiary protection to be reunited with their families. This right is only granted to refugees, denying all others a future with their close and loved ones. Many of these people have made Malta their home, having arrived here several years ago. Nonetheless, their daily lives are consumed by their anxiety about the safety of their spouses and children.”