Immigration board red flag raised in 2024 by human rights court

Every year, the fate of thousands of migrant workers depends on the Immigration Appeals Board as they contest work permit terminations.

MaltaToday has recently shone a light on the situation of migrant workers, who end up in a state of limbo while their appeal is being heard. The situation most often leads to abuse of workers’ rights by unscrupulous employers.

But the very same board deciding their fate had been flagged for a number of failures by the European Court of Human Rights (ECHR).

The Immigration Appeals Board (IAB) and its shortcomings were noted by the ECHR in a 2024 judgment concerning the detention of six Bangladeshi migrants rescued at sea who were represented by the Aditus Foundation, a human rights organisation.

Among its findings, the ECHR noted that the board lacks a transparent appointment procedure and criteria for its members with the home affairs minister having wide discretion over the choice of its members.

The ECHR also noted the IAB’s lack of guarantees against external pressure. The members’ short, three-year mandates, their eligibility for re-appointment, and their appointment to multiple other government bodies—constituting a “substantial financial interest”—depended on the satisfaction of the government’s executive branch.

The ECHR also called out the Maltese government for failing to disprove the appearance that the IAB is not independent. The Aditus Foundation pointed to links between IAB members and political parties. Aditus also raised the point that board members would resign come the general election so that the new executive could decide on its composition. In the circumstances, the ECHR found that appointments to the IAB were merely political.

This was made clearer by the fact that there are few requirements for one to become a board member. Specifically, the chairperson must have a law degree, another member must be “versed in immigration matters,” while another member has no requirements at all.

In its ruling, the court ordered Malta to address the board’s failures.

Last June, MaltaToday reported that the IAB had processed almost 14,000 appeals from third-country nationals, out of which 50.8% were rejected and 30.3% were withdrawn.

Another 4,982 workers are currently awaiting a decision by the board, described as “limbo” and “a well of knives” by people who work closely with third country nationals.