Migrant refused refugee status fears for his life

A Syrian man yesterday filed a constitutional application claiming that the Refugees Commission should have granted him refugee status and that his human rights would be violated if he were repatriated.

Jamal Darwisha filed his application in the First Hall of the Civil Court against the Home Affairs and Justice Minister and against the Attorney General.

He said he had applied for refugee status due to persecution, but his request had been turned down by the Refugees Commission. The Appeals Board had dismissed his appeal, and he was informed of this by means of a letter dated December 2004 but which he only received last year.

Mr Darwisha said he had never been given a copy of the decision by the Appeals Board.

He said he had been in Malta for two years, and that if he were to be sent back to his country it was very likely he would be killed, tortured or imprisoned. This was because of his social group and because of his political beliefs.

Although Malta is a party to the Convention on the Status of Refugees, which protects persons in Mr Darwisha's position, he said he had not been accorded such protection.

He added that Malta had not been given any guarantees by the Syrian authorities that he would come to no harm, and he was very worried about what would become of him upon his return to Syria.

In conclusion, Mr Darwisha said that as there was a possibility of his being killed upon his return to Syria, his right to life was being threatened.

His removal from the country would also be tantamount to inhuman and degrading treatment.

Mr Darwisha asked the Court to declare that his removal from the country was in violation of his human rights.

Lawyers Tonio Azzopardi, Franco Debono and Charmaine Cherrett signed the application.