2. EDMIDI IP 2008 Irregular Immigrants in the Space Between Law and Society in Southern Europe David Zammit University of Malta 26 June 2008

13. Maltese Foreign Minister July2006 Maltese Foreign Minister Michael Frendo said "Relatively speaking, 967 illegal immigrants in Malta translate into the arrival of 135,380 in Italy, 145,050 in France, 96,700 in Spain and 198,235 in Germany. This is the magnitude of the problem of illegal immigration in Malta where the population density is 1,200 per square kilometre." France Germany

14. YearTotal No of Boat People 200024 200155 20021686 2003502 20041388 2005 1,822 2006 (up to July)967

15. YearRefugee Status Human. Protection RejectedTotal 200222 (5.3%)111 (26.5%)268 (68.3%)419 200353 (9.3%)328 (57.7%)187 (32.9%)568 200449 (5.6%)560 (64.5%)259 (29.8%)868 200536 (3.3%)510 (46.3%)556 (50.5%)1,102 May 2006 12 (2.1%)272 (47.1%)293 (50.8%)577

16. The table below compares how UNHCR & Maltese Govt. understand refugee status: UNHCR UNDERSTANDING Refugee status is acknowledged by states and not granted. States which sign the Geneva Convention are legally obliged to grant refugee status to deserving applicants VERNACULAR INTERPRETATION Refugee status is “granted” by the Maltese State which is generous in this regard

17. Asylum seekers have a right to apply for asylum and should not as a rule be detained during the status determination process Asylum seekers are tolerated on condition that they abide by the law which requires them to be detained The Refugee Definition in the Conventions is the basis for determining refugee status The Refugee Definition is a starting point which is inadequate. We will supplement it on the basis of our own understandings

18. Determining status is a matter of law: The process should focus on the elements of the definition Determining status is a bureaucratic matter which focuses on evaluating credibility The Convention is very specific as to who is a refugee There is ambiguity as to who counts as a refugee as we are free to include people with humanitarian status. These latter are alternately classified as refugees or as economic migrants, depending on the context

19. Determining refugee status is a serious matter. A lot hinges on this decision. In practice it does not make much difference if a person obtains refugee or humanitarian status. It is up to the individual to decide whether or not to apply for refugee status. An application for refugee status is made on behalf of all immigrants by the state Status determination is an individualizing process, which focuses on the particular life history of the applicant Where humanitarian status is awarded, status determination is decided solely on the basis of nationality or belonging to some other collective group

20. Asylum seekers and refugees are choice- making actors Asylum seekers and refugees are at best people to be pitied and protected. They don’t always know what is in their best interest. At worst, they are violent criminals. Most are in bad faith Recognized refugees have rights Recognized refugees are given access to various benefits by our policies