EU proposes detention limit

The European Commission yesterday proposed that illegal immigrants and asylum seekers should not be detained for more than six months.

A spokesman for the Commission told The Times the aim is to have common standards on return policies across the EU.

All illegal immigrants landing in Malta are currently held in detention for a year at the most, either until they are sent back to their country of origin or until their asylum application for the granting of refugee status is processed and accepted.

The EU is proposing that an illegal stay should be ended through a fair and transparent procedure. It promotes the principle of voluntary return by establishing that a "period of departure" should be granted before an illegal immigrant is removed by force.

A decision on return would have to be issued to any illegal immigrant, the spokesman said. Only if the immigrant concerned does not return voluntarily would the member state issue a removal order. A new concept in the proposal is to give a European dimension to the effects of national return measures by establishing a re-entry ban valid throughout the whole of the EU. This would effectively mean that if an illegal immigrant is given a return decision by one country he or she cannot try to re-enter another member state with the possibility of restarting the whole process.

Speaking at a press conference in Brussels, Justice, Freedom and Security Commissioner Franco Frattini said that through these proposals, the EU wanted to make it clear that "people staying illegally in the EU should return to their country of origin".

However, he stressed that this has to be done in full respect of human rights. Apart from common standards of return, the EU executive yesterday also approved three communications on the integration of migrants, return protection programmes and on migration and development.

Mr Frattini said that while those who cannot stay would be sent back, the Commission was proposing measures at both national and EU levels which aim at a vigorous integration of legal migrants in European societies.

The Commission proposal stresses the importance of further clarification of the rights and responsibilities of legal migrants within the EU. It establishes various common basic principles for integration of migrants in member states including the right to employment, education and social services.

According to new statistics released yesterday by the Commission, Malta has over the last few years been one of the worst affected countries among the EU members in terms of illegal immigration and asylum.

Data for 2004 show that Malta listed third when considering the number of asylum seekers per 1,000 inhabitants.

A total of 1,230 immigrants applied for asylum status and 530 were given recognition.