Change in asylum rules will have little effect on Malta

Proposed changes to the EU asylum system approved by the European Parliament last week would make only a small difference to Malta, The Times has learnt.

The EP gave its backing to European Commission proposals to amend what are known as the Dublin II rules, which place the responsibility for immigrants squarely on the EU country in which they first enter. This means that asylum seekers landing in Malta are the island's responsibility and if they leave and are apprehended in another EU country, they are transferred back here.

Under the approved amendments, which are still to win the support of member states, Dublin rules are suspended in the case of EU countries, such as Malta, which face a disproportionate burden as a result of their geographic and demographic situation.

However, figures obtained by The Times of the number of immigrants who have been sent back under these rules show that the effect of this change would be minimal. Since joining the EU, only 283 asylum applicants have been returned to Malta, which in the same period received more than 9,400 illegal immigrants, the majority applying for asylum status.

Malta has been long calling for a change in these rules and a proposal on these lines was made by the European Commission in December.

Although asylum seekers in Malta are normally hosted in detention or open centres, some of them still find a way of getting out of the country to continue their journey to mainland Europe.

"The Dublin changes were desirable by Malta although we know that this won't solve our problems," a senior government official told The Times.

"However it's a good sign of progress and definitely denotes a shift in the way the EU is acting with regards to immigration. However, this was only one stage of our strategy."

Malta "would much prefer to have a burden sharing mechanism as this will really put the much spoken about solidarity into practice".

Malta had insisted on the inclusion of a burden sharing mechanism in the EU's Asylum and Migration Pact approved last year. The idea was included but only on a voluntary basis.

Following the recent rows between Malta and Italy over who should take migrants rescued on the high seas, the two countries are putting joint pressure on the EU to make this mechanism obligatory.

The Commission said it agreed with the idea and would submit a proposal at the next meeting of EU Justice Ministers.

Justice Commissioner Jacques Barrot noted that it would not be easy to achieve and there would be resistance from many member states.

In fact, even though the idea now even has the support of the EP, which voted for an obligatory burden sharing mechanism by the end of 2011, many member states, which have the final say on the issue, are still resisting the idea.

EU Council sources yesterday told The Times that "it will take many months and possible years before all 27 member states are on board".

"This obligatory burden sharing mechanism being sought by Malta would mean a paradigm shift in how the EU tackles migration and many governments in Europe fear that their electorates are not ready for such a revolutionary approach," the sources told The Times.

The next Justice and Home Affairs Council meeting will be held during the first week of June.

Year: 2004
Total arrivals: 1317 (May-December)
Sent back from EU: 16

Year: 2005
Total arrivals: 1822
Sent back from EU: 40

Year: 2006
Total arrivals: 1780
Sent back from EU: 59

Year: 2007
Total arrivals: 1702
Sent back from EU: 37

Year: 2008
Total arrivals: 2775
Sent back from EU: 131