Immigrants claim human rights violation

The Ethiopian and Eritrean immigrants contesting a removal order yesterday filed a second constitutional application in the Civil Court against the chairman and members of the Commission for Refugees' appeals board.

The 53 Eritrean and five Ethiopian immigrants, among whom are 12 children, claimed they had entered Xlendi Bay, Gozo, last March in a clandestine manner.

They were arraigned before the Gozo courts for being illegal immigrants and the courts ordered their removal from the country on March 12 and 13.

The immigrants said they had applied for refugee status in Malta but their applications were dismissed by the Refugees Commission on June 27.

Their appeal from this refusal was also dismissed by the appeals board.

They added that sittings before the appeals board were held behind closed doors and the immigrants were not summoned to testify despite their specific request to this effect.

This was in violation of the provisions of the law governing refugees.

Thus, the immigrants were not allowed to be present for the hearing of their appeal, nor for the pronouncement of the board's decision.

Thus they were deprived of their right to make submissions and produce evidence.

The procedures used by the appeals board were in violation of their fundamental human right to a fair hearing as protected by the European convention on human rights.

The immigrants added that their appeals were summarily dismissed on August 27, and no motivation for the refusal was given by the appeals board.

Thus the decisions of the appeals board were also in violation of their right to a fair hearing.

The immigrants called on the court to declare that the decisions of the appeals board in their regard were null and void as they had been taken in violation of their fundamental human rights.

Dr George Abela signed the application.