Malta

Malta acceded to the 1954 Convention in 2019, but still provides very limited protection for stateless people, and is not party to the 1961 Convention. Malta has no mechanism to identify and determine statelessness, and no statelessness protection status, although it has other routes through which some stateless people may regularise their stay, including temporary humanitarian protection. Since 2020, Malta is no longer accepting new applications for a route to regularisation it had introduced in 2018 for people refused asylum and unable to leave the country or be returned. Data on the stateless population is therefore limited, with figures available only for the very small number of stateless people who acquire Maltese nationality, and refused asylum seekers recorded as ‘nationality unknown’ who cannot be returned and may or may not be stateless. Maltese law provides some protections against arbitrary detention, but rights afforded to those detained for removal purposes are very limited and there have been recent reports of people detained on arrival on public health grounds or without legal basis, without sufficient safeguards. Recent restrictions on access to detention centres limit the possibility for NGOs and other actors to identify stateless people.

There are some safeguards in Maltese law to prevent statelessness, but implementation is problematic and there are some key gaps. The law prevents statelessness in cases of adopted children and new-born foundlings whose parents remain unidentified. There is a provision granting children born stateless on the territory a conditional right to acquire nationality following five years’ legal residence, but, although in line with the 1961 Convention, the provision does not prevent statelessness in all cases and is not currently implemented in practice. Discriminatory provisions in both law and practice relating to conferral of nationality by descent remain in force despite a European Court of Human Rights judgment ruling against Malta on this matter in 2011. Malta has only partial safeguards to prevent statelessness as a consequence of provisions for deprivation of nationality.

Zuletzt aktualisiert:

Juni 2023

Landesexperte/n:

Neil Falzon, aditus foundation

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Rechtsgrundlagen und bewährte Verfahren

Internationale und regionale Instrumente

Assesses whether countries are State party to the relevant international and regional instruments, including whether reservations have an impact on statelessness, and whether instruments are incorporated into domestic law. The four core statelessness treaties (1954 Convention relating to the Status of Stateless Persons; 1961 Convention on the Reduction of Statelessness; European Convention on Nationality; Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession) carry more weight than other relevant human rights instruments in the assessment.

Malta acceded to the 1954 Convention in 2019, but it is not State party to the other core statelessness conventions (1961 Convention, European Convention on Nationality, and European Convention on the Avoidance of Statelessness in Relation to State Succession), although it has signed (but not acceded to) the European Convention on Nationality. Malta has fully transposed the EU Returns Directive into domestic law and is party to most other relevant human rights instruments, but it retains significant reservations to these, including in relation to protection from unlawful expulsion and several reservations to CEDAW impacting on women’s equality.

Übereinkommen von 1954

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Malta acceded to the 1954 Convention in December 2019, but it did so with a number of significant reservations, and the Convention does not have direct effect.

Übereinkommen von 1961

Malta is not State party to the 1961 Convention.

Andere internationale und regionale Instrumente

Malta has signed but not acceded to the European Convention on Nationality and is not State party to the Convention on the Avoidance of Statelessness in Relation to State Succession.
Malta is State party to and/or bound by all other relevant international and regional instruments, except for the Convention on the Rights of Migrant Workers, but it retains several significant reservations. For example, its reservation to Article 13 of the International Covenant on Civil and Political Rights relates to protection from unlawful expulsion. Other reservations relate to the criminal justice system and protections from hate speech and incitement to violence.
Malta’s reservations to the Convention on the Elimination of all Forms of Discrimination Against Women do not have a direct impact on statelessness, but do impact on all women in Malta (including stateless women), and relate to reproductive rights, family and property law, and the payment of certain social security entitlements to ‘the head of the household presumed to be the husband’.

Statistiken zur staatenlosen Bevölkerung

Examines the availability and sources of disaggregated population data on statelessness. Provides recent figures and assesses reliability of measures countries have in place to count stateless persons, including in the census, population registries, and migration databases. Notes whether statelessness has been mapped in the country and whether there are sufficient measures in place to count stateless persons in detention.

There is very limited disaggregated population data on statelessness in Malta. There is no ‘stateless’ category in the census, although the question of whether someone has Maltese or ‘any foreign citizenship’ was asked in the census in 2011 and 2021. The Annual Demographic Review has a ‘stateless’ category in its data on acquisition of Maltese nationality and the International Protection Agency reports on those with ‘unknown nationality’ among asylum seekers. The Government does not publish data on stateless people in detention and statelessness is not systematically recorded across government agencies. A 2014 UNHCR mapping study provides detailed commentary on the legislative framework relating to statelessness in Malta.

Verfügbarkeit und Quellen

There is no procedure for identifying and determining statelessness in Malta, but the National Statistics Office Annual Demographic Review has included a 'stateless' category since 2008 in its data on acquisition of Maltese nationality. From 2008-2010, 24 stateless individuals are reported to have obtained Maltese nationality. In 2014, 1 stateless person and 5 people with ‘unspecified’ nationality acquired Maltese nationality.
The census in 2011 and 2021 provided limited opportunity for respondents to self-identify as ‘stateless’. The question on nationality allowed for a ‘yes’/’no’ answer to whether someone has Maltese nationality or ‘any foreign nationality’. If both answers were ‘no’, there were no further questions. According to the 2021 census report, there are 171 stateless people in Malta. The data is disaggregated by residence, gender, and age.
The International Protection Agency (formerly the Office of the Refugee Commissioner) reported that, in 2022, 1 asylum-seeker self-identified as stateless whilst 32 asylum applications were filed by Palestinians.
UNHCR conducted a mapping study in 2014, which provides a detailed commentary on the legislative framework on statelessness in Malta, including examples of different profiles of stateless people and those at risk of statelessness in the country.

Daten zu inhaftierten Staatenlosen

The Government records information about the nationality of detainees, but it does not routinely publish any statistics on immigration detention.
The Immigration Police collects some data on individuals released from immigration detention who could not be removed, but they do not publish this.

Verfahren zur Feststellung von Staatenlosigkeit und Rechtsstellung

Identifies whether countries have a definition of a stateless person in national law that aligns with the 1954 Convention, and whether they have a dedicated statelessness determination procedure (SDP) leading to a dedicated stateless status. If an SDP is not place, it assesses whether there are other procedures in which statelessness can be identified or other routes through which stateless people could regularise their stay or access their rights. Countries are subdivided in three groups to enable comparison between those with an SDP leading to protection, those with other procedures, and those with a statelessness status but no clear mechanism to access protection. The existing procedures and rights granted to stateless persons are examined and assessed against international norms and good practice. Assesses whether stateless people fleeing war have access to temporary protection.

The definition of a stateless person in the Maltese Citizenship Act is not in line with the 1954 Convention definition, although the Convention definition is referenced elsewhere in Maltese law. Since Malta acceded to the 1954 Convention in 2019, the Government has made some progress towards the introduction of an SDP. However, currently, there is no mechanism to identify or determine statelessness in Malta nor any dedicated protection status for stateless people. The International Protection Agency may grant a form of temporary humanitarian protection, usually where someone has been refused asylum but cannot be removed and there are exceptional humanitarian reasons. A person granted this form of protection can access a renewable residence permit for one year, healthcare, and the labour market. A regularisation route was introduced between 2018 and 2020 for refused asylum seekers who entered Malta before 2016 and who were unable to be returned, could show at least five years’ residence, and efforts to integrate. This provided a two-year residence permit with access to a range of socio-economic rights, but it has now been discontinued and new applications are not permissible. Although these alternative routes to regularisation may provide some form of protection for some stateless people, no rights are granted to stateless people in Malta purely based on their statelessness.

Definition einer staatenlosen Person

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The Immigration Regulations refer to statelessness within the meaning of the 1954 Convention. However, the Citizenship Act defines statelessness as "destitute of any nationality", and does not provide a definition of a ‘stateless person’ in line with the 1954 Convention definition.

Schulungen

No training on statelessness is provided to government officials, judges, or lawyers.

Vorhandensein eines formellen Verfahrens zur Feststellung der Staatenlosigkeit (SDP)

There is currently no dedicated SDP leading to a dedicated statelessness status in Malta. There are some routes through which some stateless people may regularise their stay in Malta, but statelessness is not identified or assessed in any of the procedures available.
Since acceding to the 1954 Convention, the Maltese Government has been discussing the introduction of an SDP and some progress has been made, including the establishment of an inter-agency committee to explore possible modalities for the SDP. The Maltese government also publicly committed to establishing an administrative procedure to determine statelessness.

Verfahren, in denen Staatenlosigkeit identifiziert werden kann, und andere Wege zur Regularisierung

The Citizenship Act mentions applications from stateless people, but it is unclear how eligibility for such applications is determined and an application has never been processed under this route.
The International Protection Agency may grant ‘Temporary Humanitarian Protection’ (THP) where someone has been refused asylum, but obtains protection for exceptional humanitarian reasons (for example, unaccompanied minors, people who are terminally or seriously ill, family reunion). The THP was a discretionary policy, which in 2020 was converted to law and embedded in the International Protection Act.
In 2018, Malta introduced a regularisation route for people who arrived in Malta before 2016 whose asylum applications had been refused, and who could not return or be removed to a former country of residence/origin. This ‘Specific Residence Authorisation (SRA)’ was accessible to those who met these criteria, had lived for at least five years in Malta, and could demonstrate good conduct, frequent employment, and efforts to integrate. Changes to the policy made in November 2020 closed SRA for new applications, although renewals of existing SRA permits are still possible.
The Immigration Police also has discretion to grant humanitarian residence permits.
It is possible that statelessness may be identified during refugee status determination procedures as a part of a person's claim for international protection, yet this does not lead to a formal recognition of statelessness.

Zugang zu Verfahren

Statelessness is rarely identified or assessed in any of the procedures available to stateless people to regularise their stay in Malta.
There is no obligation in law on authorities to consider a claim of statelessness made within another procedure.
There are no clear, accessible instructions for stateless people on how to claim their rights under the 1954 Convention.
There is no formal cooperation between agencies that may have contact with stateless people in Malta.

Begutachtung

Statelessness is rarely identified or assessed in any of the procedures available to stateless people to regularise their stay in Malta.
No information is available on whether decision makers receive guidance on how to identify or determine statelessness.

Verfahrensgarantien

Access to free legal aid is regulated by specific regulations, for example in relation to immigration detention, asylum procedures, or immigration matters. Free legal aid is accessible to all those who fulfil the relevant eligibility criteria, without discrimination. In criminal matters, no means or merits tests is undertaken, whilst for civil matters the Legal Aid Agency undertakes a means and merits test to assess eligibility.
In the asylum procedure and in applications for THP, applicants may be able to claim statelessness in an interview, free interpreting is available before the courts, and negative decisions are usually granted with reasons.

Schutz

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A Temporary Humanitarian Protection (THP) permit is granted for a renewable period of one year.
Holders of a THP permit are entitled to the same rights as beneficiaries of subsidiary protection, including a travel document, access to employment, housing, integration programmes, education and training, healthcare, and core social welfare benefits. Family members who are in Malta at the time of the decision enjoy the same rights and benefits.
Holders of a Specific Residence Authorisation (SRA) are entitled to a residence permit valid for two years (renewable), an employment licence, and access to education and training, healthcare, core welfare benefits and a travel document. Changes to the policy made in November 2020 closed SRA for new applications, although renewals of existing SRA permits are still possible.
Stateless people do not have the right to vote or contest any elections in Malta.

Vorläufiger Schutz für Kriegsgeflüchtete

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Stateless people are entitled to temporary protection in Malta if they benefited from international protection or equivalent national protection in Ukraine before 24 February 2022, or if they can prove that they were lawfully residing in Ukraine before 24 February 2022 on the basis of a valid permanent residence permit issued in accordance with Ukrainian law, and who are unable to return in safe and durable conditions to their country or region of origin.
There is no information on how these provisions are applied in practice.
The Malta Refugee Council published several information pages addressing the protection needs of people fleeing the war in Ukraine, including on accessing temporary protection, returning to Ukraine, support services, documentation procedures, and moving within the EU.

Haft

Analyses law, policy and practice relating to immigration detention generally, but focusing on protections in place to prevent the arbitrary detention of stateless people during removal and deportation procedures. Subthemes examine areas such as the identification of statelessness and assessment of whether there is a reasonable prospect of removal, procedural safeguards such as time limits, judicial oversight, and effective remedies, as well as the rights granted to stateless people upon release from detention and protection against re-detention.

In Malta, stateless people may be detained under different legal regimes, each with its own criteria, rights and guarantees. In 2022, all asylum-seekers rescued or intercepted at sea (the vast majority) were immediately automatically detained without any individualised process. Most people were detained with no real legal basis, but on an implementation of national policy regarding health screening. There is evidence that immigration detention is being used prior to all alternatives being considered. There are some protections against the arbitrary detention of stateless people for removal, such as the requirement that someone is released if removal is impossible. However, a country of removal does not need to be identified prior to detention, and statelessness is not considered juridically relevant. There are limited procedural safeguards especially for those denied entry to the territory. If detained for removal or as an asylum seeker, there is access to legal aid to challenge detention. Asylum seekers released from detention are issued with documentation and rights under EU law, but people detained for removal are issued with an administrative record and tolerated stay, which permits access to the labour market and healthcare only if they can show social security contributions from the preceding three months.

Einwanderungshaft

Legal powers are provided to detain asylum seekers, third country nationals denied entry at the border or in an irregular situation, and asylum seekers pending Dublin transfers.
The law explicitly provides for immigration detention to be used as a last resort only in the case of unaccompanied asylum-seeking children and families with children. Elsewhere, the authorities are required to initially consider less coercive measures and the Asylum Reception Regulations provide for the possibility of 'temporary permission to leave' detention and lists alternatives. There is evidence that immigration detention is being used prior to all alternatives being considered.
In 2022, all asylum-seekers rescued at sea (the vast majority) were immediately automatically detained without any individualised process. Most people were detained with no real legal basis, but on an implementation of national policy regarding health screening.
The law only permits detention for the purpose of removal where the removal procedure is in progress and is being conducted with due diligence. A country of removal does not explicitly need to be identified prior to detention, but there are requirements of necessity, proportionality, and due diligence, which could be interpreted as requiring this.
The law provides for immediate release where removal cannot take place, and that detention ceases to be justified when a reasonable prospect of removal no longer exists, either for legal or other considerations. There have been instances of people being released from detention when it was clear that their removal would not be possible due to lack of cooperation from the country of origin or failure to confirm nationality.

Identifizierung von Staatenlosigkeit

Statelessness is not considered to be a juridically relevant fact during the decision to detain, and stateless people are detained in practice prior to the authorities initiating removal procedures. Nonetheless, there have been cases of people being released from detention because their nationality could not be determined or confirmed.
There is a definition of ‘vulnerable persons’ in law, but statelessness is not included and is not considered a vulnerability factor. No vulnerability assessment is carried out prior to a decision to detain, with the exception of those who are manifestly vulnerable such as very young children and people presenting visible vulnerabilities.
Those claiming asylum in-country, arriving by plane, or denied access or detained pending removal, do not systematically undergo such assessment.
In 2022, everyone rescued or intercepted at sea was detained for an initial period related to health screening, ranging from a couple of weeks to a couple of months.

Verfahrensgarantien

Maximum periods for detention are set in law for asylum seekers (nine months) and people detained for removal (six months plus 12 months), but not for those denied entry.
The law requires asylum seekers to be informed of the reasons for detention in a language they understand, but in practice, this is always in English. There is no requirement that reasons for detention are provided to those detained for removal or denied entry, but those detained for removal may request a translation of the main elements of a return decision and legal remedies ‘in a language they may reasonably be supposed to understand’.
The detention order for asylum seekers contains information on procedures to challenge detention and access free legal aid. People detained pending removal should be provided with information on detention facility rules, rights and obligations and the entitlement to contact external organisations, by law. There is no obligation to provide this information to those denied entry to the territory. It is questionable whether information is provided in practice.
There are periodic reviews of detention for asylum seekers and those detained pending removal (differing periods and questionable whether reviews take place within set deadlines). People denied entry have no right to automatic regular review.
Asylum seekers and people denied entry can challenge their detention order within three working days and legal aid is provided if necessary. Review of detention for those detained for removal is either automatic or triggered by the individual. There can be difficulties in practice due to the short time limit, complex procedure and limited access to legal services. People detained for removal can challenge the removal order and detention, and the reasonableness of detention (not its lawfulness).
There are no rules regarding the process of re-documentation and ascertaining nationality.
There is free legal aid for asylum seekers, and for those challenging the return decision and/or removal order. There is no legal aid for those denied entry to the territory. Free legal aid should be available to persons applying for habeas corpus, but this is not accessible in practice.
There are no procedural guarantees in relation to the detention of asylum-seekers under the Prevention of Disease Ordinance. The majority of persons detained on public health grounds, were not provided with any information about their situation, they did not have access to remedies, periodic reviews, nor legal assistance.

Schutzmaßnahmen bei Freilassung

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The State issues an identification document to asylum seekers released from detention in line with the EU Reception Directive. If not detained, people subject to removal or denied entry are issued with an administrative record, but this does not constitute a right to stay or official documentation.
Rights on release depend on someone's legal status.
Asylum seekers have rights in line with the EU Reception Directive. People subject to removal live in the community with tolerated stay if released from detention. Their rights include: access to the labour market and work permit, and access to healthcare if they can show payment of a social security contribution in the past three months.
Following the adoption of a government policy in 2021, refused asylum-seekers coming from any of the countries listed as ‘safe’ in the International Protection Act are not granted access to employment.

Rückführungs- und Rückübernahmeabkommen

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The only information currently available is that Malta's readmission agreements are all based on 'the EU template'. It is not clear whether statelessness is a juridically relevant fact, whether stateless people have been returned under the agreements in practice, and whether children’s rights are considered in the procedure.

Prävention und Reduktion

Assesses the adequacy of safeguards in nationality laws to prevent and reduce statelessness, including facilitated routes to naturalisation for stateless people, and protections for otherwise stateless children born on the territory or to nationals abroad, foundlings and adopted children. Examines law, policy, and practice on birth registration, including access to late birth registration, and reduction measures taken by States to prevent and reduce in situ statelessness. Analyses provisions on deprivation of nationality and whether there are safeguards related to renunciation and deprivation of nationality to prevent statelessness from occurring.

There are some safeguards in Maltese law to prevent statelessness, but implementation is problematic and there are some gaps. There is a provision for children born stateless in Malta to acquire nationality after five years’ residence, but it is little-known and there are no reports of it ever having been used. There is a safeguard to prevent statelessness in adoption cases. Foundlings are deemed to be Maltese from birth, but the wording of the provision leaves open the possibility of statelessness arising later in life or if parents are identified. The differential treatment of children born to unmarried Maltese parents abroad was ruled to be discriminatory by the European Court of Human Rights in 2011, but Maltese law still contains discriminatory provisions. Birth registration is not problematic in law, but there are reports of barriers to undocumented parents registering births in practice, or authorities refusing to register births where there are inconsistencies in the parents’ documentation. There is only a partial safeguard to prevent statelessness arising as a consequence of provisions on deprivation of nationality.

Einbürgerung

There is no facilitated naturalisation for stateless people, who may apply for naturalisation under the same conditions as other non-Maltese nationals, including residence in Malta for at least five years, language and good character requirements.
A stateless person (who has always been stateless i.e. from birth) born in Malta may apply for naturalisation after five years’ residence in Malta if they can meet other general eligibility requirements and have not been convicted of a crime punishable by more than five years imprisonment.
Additionally, a stateless person who has always been stateless and has a parent who is a Maltese national may naturalise after three years’ ordinary residence subject to conditions.
There is a fee of 450 EUR to apply for naturalisation and a further 50 EUR, if the application is approved and a certificate issued.
In all cases, there are requirements relating to good character, previous criminal convictions, and public interest.

Staatenlos im Hoheitsgebiet geboren

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There is a non-automatic provision in the Citizenship Act for children born stateless in Malta to acquire nationality after five years' residence, provided that they have not been convicted of any offence against any State or sentenced to more than five years' imprisonment.
There is no age limit in the provision, but a person may only submit an application once they have turned 18. The legal status or residence of the parents has no bearing on the right to acquire Maltese nationality of a stateless child born on the territory.
However, there is no information available about how proof of the child/person's statelessness is required or evidenced, the provision is little known, and it does not seem to ever have been used in practice.

Findelkinder

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There is a provision in law for foundlings to acquire nationality automatically.
The law states that the ‘new-born infant’ shall be a national of Malta at the date of birth but it is unclear whether this would apply at a later age.
The provision says ‘until their right to any other nationality is established’ so it may be that if the parents are later identified and they are nationals of a country that gives rise to a ‘right’ to nationality for the child, the child's Maltese nationality would cease making them potentially stateless until they apply for nationality. The reference to 'a right to nationality' could also be construed to mean that it is enough for a foreign national parent to be able to pass on their nationality in law for a foundling's Maltese nationality to be withdrawn. Whether there are practical barriers to acquisition of the foreign nationality may not be deemed relevant, entailing a risk of future statelessness.

Adoption

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Dual nationality is permitted so a child adopted by foreign parents and acquiring another nationality would not automatically lose their Maltese nationality.
The acquisition of Maltese nationality by an adopted foreign child is governed by a mix of law and policy. The Citizenship Act distinguishes between children over and under 10 years old. For children under 10, Maltese nationality is automatically acquired upon registration, but there is a risk of statelessness if an ascendant of the parent was not born in Malta, as Maltese nationality law requires both the parent and ascendant to be born on the territory. If the adopted child is older than 10, they can either rely on the same provision (though the inclusion of adopted children here is based on a policy decision rather than an explicit legal provision); or submit an application for nationality through naturalisation, where it is said to be policy to grant nationality in such cases, but, again, this is not set in law so there could be a risk of statelessness during the procedure.

Ius sanguinis

Maltese nationality can be conferred through jus sanguinis to children born to Maltese nationals in Malta or abroad, but the law distinguishes between children born in and out of wedlock. The acquisition of Maltese nationality by children born abroad on or after 1 August 1989 to an unmarried Maltese father and a foreign mother is dependent on confirmation of the father’s nationality, even if pending this confirmation the child would be stateless. Unmarried Maltese fathers are required to undergo paternity testing for their child's Maltese nationality to be recognised.
Children born to a married Maltese father automatically acquire Maltese nationality.
In 2011, the European Court of Human Rights (Genovese v. Malta) found discriminatory the differential treatment of a child born abroad out of wedlock to a Maltese father and a foreign mother, who was then not able to acquire Maltese nationality. Maltese law still contains these limitations distinguishing between children born in and out of wedlock and between children born to an unmarried Maltese mother and an unmarried Maltese father.

Geburtenregistrierung

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It is compulsory for all parents of children born in Malta, irrespective of nationality or legal status, to register the birth of their child within 15 days with the Public Registry office. This obligation may at times be difficult to meet, so in practice the timeframe is relaxed, and no penalties incur within the first weeks past the deadline. Late registration is allowed, with no cut-off date. If parents are unavailable, the duty falls on the doctor, midwife or any other person in attendance at the birth or in whose property the baby was born.
All children are provided with certification of birth. The document provided at birth registration does not contain information about the child's nationality, but it does contain information about the parents and their place of birth. There is no legal framework to determine the nationality of a child at birth or afterwards.
Efforts are undertaken by authorities to ensure the registration of all births, by sending letters and other alerts to parents reminding them to register births. However, there are reported cases of the authorities refusing to register births where there are inconsistencies in the parents’ documentation, in particular differences between the documents issued by the International Protection Agency and those issued by their countries of origin, and where married parents are unable to provide an original and apostilled marriage certificate.
There is no evidence of refusal to register children on the basis of the parents' sexual and/or gender identity. Whilst surrogacy is not permitted in Malta, there has been at least one case of a same-sex couple who were initially not permitted to register their child born through surrogacy abroad (even though the foreign birth certificate listed both fathers), but the matter was resolved.
There are no mandatory requirements to report undocumented people to the immigration authorities.

Verringerung der Anzahl von in situ Staatenlosen

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Identity Malta and Gov.mt provide clear and easy-to-understand information on birth registration, where to register, and services for birth registration (in English and Maltese) on their websites, but there are no proactive campaigns on birth registration.
In 2018, Identity Malta opened an office at the main public hospital to facilitate birth registration.
Malta acceded to the 1954 Convention relating to the Status of Stateless Persons in December 2019, but the Government has not implemented any other measures specifically aimed at reducing statelessness.

Entzug der Staatsangehörigkeit

Deprivation of nationality acquired through registration or naturalisation is provided for in law in certain circumstances, including where nationality was acquired through fraud, for reasons of national security, and if the person has resided continuously abroad for a period of seven years. There is a safeguard to prevent statelesness only where deprivation is as a result of a sentence for a criminal offence within seven years of acquiring Maltese nationality.
Renunciation of nationality is only possible in cases where the person holds the nationality of another country, and a declaration should be approved by the Minister.
The competent authority is the Minister responsible for Maltese nationality, who must convene a Committee of Inquiry made up of specific decision-makers. There is no legal aid and no right of appeal.
NGOs have reported cases of deprivation of nationality resulting in statelessness without any due process, but in 2022 there were no deprivations of nationality in Malta.
Provisions on deprivation of nationality are discriminatory as they apply only to people who acquired Maltese nationality through registration or naturalisation.
There are no specific provisions to prevent derivative loss of nationality. No assessment is carried out prior to a decision to detain, but a recent court judgment confirmed that the children of the person deprived of nationality in that case would not themselves be deprived of their Maltese nationality.

Ressourcen

Library of resources, legal instruments, publications and training materials on statelessness, specifically relevant to this country. More regional and international materials, as well as resources from other countries, are available on the Resources library. Domestic case law can be consulted in the Statelessness Case Law Database (with summaries available in English).

Please note that we are in the process of adding new resources, so check back soon.

International and regional treaties

United Nations - Convention relating to the Status of Stateless Persons (Jan. 1954)

Council of Europe - European Convention on Nationality (Nov. 1997)

Council of Europe - Convention on the Avoidance of Statelessness in relation to State Succession (Jan. 2006)

United Nations - Convention on the Reduction of Statelessness (Jan. 1961)

Caselaw

European Court of Human Rights - Genovese v. Malta (Okt. 2011)

Publications

European Network on Statelessness - Thematic briefing: Birth registration and the prevention of statelessness in Europe (Juli 2020)

UNHCR - Mapping Statelessness in Malta (Aug. 2014)

aditus foundation, ENS & ISI - Joint Submission to the Human Rights Council at UPR31 - Malta (März 2018)

aditus foundation - Input to the Census of Population and Housing 2021 (Mai 2020)

ENS & aditus foundation - Protecting Stateless Persons from Arbitrary Detention in Malta (Nov. 2015)

European Network on Statelessness - Statelessness determination and protection in Europe (Sep 2021)

aditus foundation & ENS - Statelessness Briefing Note (Dez. 2021)

Malta

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