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Malta : Fallstudie om den maltesiska asylproceduren

Tran, Connie LU (2011) MRSK30 20111
Human Rights Studies
Abstract
This thesis examines the Maltese asylum procedure through a study of the current situation for asylum-seekers in Malta. By analysing collected primary and secondary data, I illuminate how Malta interprets and practices the minimum standards of the Asylum Procedure Council Directive 2005/85/EC and assess if flaws can be distinguished and, if so, also analyse how they affect the asylum-seekers. I used a case study as a research method and empirical data has been collected from interviews, articles and published reports. The findings from the data reveal flaws in the practice – partially because the Asylum procedure directive’s vague formulation of the minimum requirements, and partly because Malta has interpreted and implemented the Asylum... (More)
This thesis examines the Maltese asylum procedure through a study of the current situation for asylum-seekers in Malta. By analysing collected primary and secondary data, I illuminate how Malta interprets and practices the minimum standards of the Asylum Procedure Council Directive 2005/85/EC and assess if flaws can be distinguished and, if so, also analyse how they affect the asylum-seekers. I used a case study as a research method and empirical data has been collected from interviews, articles and published reports. The findings from the data reveal flaws in the practice – partially because the Asylum procedure directive’s vague formulation of the minimum requirements, and partly because Malta has interpreted and implemented the Asylum procedure directive in ways that are not favourable for asylum-seekers. Due to these flaws, asylum-seekers are not ensured and cannot fully enjoy their rights during the asylum procedure, and there are risks of disrespecting the principle of non-refoulement. It is possible for the Member State to reform the asylum procedure and the asylum legislation in ways that they would ensure the asylum-seekers’ due process and personal safety. However, before that could happen, it would require that Malta acknowledges the flaws. (Less)
Please use this url to cite or link to this publication:
author
Tran, Connie LU
supervisor
organization
course
MRSK30 20111
year
type
M2 - Bachelor Degree
subject
keywords
Asylum procedure, Malta, due process and non-refoulement
language
Swedish
id
1973482
date added to LUP
2011-06-29 10:42:59
date last changed
2014-09-04 08:27:52
@misc{1973482,
  abstract     = {{This thesis examines the Maltese asylum procedure through a study of the current situation for asylum-seekers in Malta. By analysing collected primary and secondary data, I illuminate how Malta interprets and practices the minimum standards of the Asylum Procedure Council Directive 2005/85/EC and assess if flaws can be distinguished and, if so, also analyse how they affect the asylum-seekers. I used a case study as a research method and empirical data has been collected from interviews, articles and published reports. The findings from the data reveal flaws in the practice – partially because the Asylum procedure directive’s vague formulation of the minimum requirements, and partly because Malta has interpreted and implemented the Asylum procedure directive in ways that are not favourable for asylum-seekers. Due to these flaws, asylum-seekers are not ensured and cannot fully enjoy their rights during the asylum procedure, and there are risks of disrespecting the principle of non-refoulement. It is possible for the Member State to reform the asylum procedure and the asylum legislation in ways that they would ensure the asylum-seekers’ due process and personal safety. However, before that could happen, it would require that Malta acknowledges the flaws.}},
  author       = {{Tran, Connie}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Malta : Fallstudie om den maltesiska asylproceduren}},
  year         = {{2011}},
}