Refugee agencies came in for criticism by a judge yesterday in a detailed judgement which established that a five-year-old migrant girl who has been living with a Maltese carer for almost all of her life, should travel to Switzerland with her biological parents as part of an EU relocation programme.

The young girl left for Switzerland in the afternoon  in accordance with Madam Justice Abigail Lofaro's painful decision, leaving behind the person who looked after her since she was four months' old and who wanted time to prepare her for the traumatic move.

In finding in favour of the biological parents, Madam Justice Lofaro hit out at the UN refugees agency, the International Organisation for Migration and the Swiss and Maltese authorities for failing to examine the situation in detail and make the necessary arrangements for the child to be prepared for the transition.

The Maltese woman's lawyer later also accused the United Nations High Commissioner for Refugees of "failing miserably" by not being aware that the girl was "single- handedly" brought up by her client and would be separated from her when it chose families to be relocated. She said the UNHCR interviewed the Eritrean family six times in its selection of candidates for an opportunity to move abroad, but failed to pick up on the fact that the child was in the care of a Maltese woman.

It was the lawyer, Nicole Vella, who had to inform the agency about the girl's circumstances when the carer was told, a mere two weeks ago, that the biological family was being relocated and the child would be uprooted too.

"Still, they did nothing about it. It was all about relocation but citizenship cannot be compared to a child's happiness," Dr Vella said.

In reaction, the UNHCR said it conducted extensive interviews with all family members to recommend them for possible relocation.

It considered family unity to be in the best interest of the child in line with international legal principles and it was only in cases of severe abuse and neglect that separation from the parents was contemplated.

The agency did not decide who was to be relocated and its role was only to identify and refer potential candidates, it clarified.

The Maltese woman was not opposed to the child going to Switzerland with her parents but had asked the court to postpone the departure for a proper transition.

However, psychotherapist David Grillo, who testified yesterday morning, said the girl was not traumatised by what was going on, although she was confused. He recommended that she be sent to Switzerland but that the Maltese and Swiss authorities should follow her up.

Mr Grillo described the child as intelligent, sociable and confident for a five- year-old.

Speaking on behalf of her client after the ruling, Dr Vella expressed her "happiness" at the way the judge – who was moved by the sensitive decision she described as a double-edged sword – dealt with the case.

"She was the first and only person to give the child a voice in the whole process and to ensure that her interests and well- being would be looked after," said Dr Vella, insisting that it was all the woman who brought her up had requested.

"Madame Justice Lofaro did her utmost to ensure the rights of the child and my client is so glad the court recommended a transition phase and that the girl would still have closure and be able to see her and keep in contact," she said.

"My client may have lost but she won a lot ," Dr Vella said , adding that her requests were heeded and included in the judge's recommendations.

Dr Vella hoped the case would serve as a lesson for the authorities to follow when choosing candidates for relocation and preparing families for the move.

Her client had started babysitting for the child and proceeded to take on the role of a full- time carer, providing her with a comfortable life.

Close ties were also established with her family network, the child attended a private school and various extracurricular activities, including ballet and gymnastics.

The carer even paid to take her and her biological mother on holiday to visit their relatives in Switzerland.

At the airport yesterday, the five- year- old appeared tranquil and excited before boarding a plane to a new life . Happy- go- lucky, she played with, hugged and lifted her three siblings and was affectionate towards her natural mother.

Smiling away, she was probably unaware of the fact that, until the 11th it was uncertain whether she and her family would be leaving Malta to embark on an opportunity of a lifetime.

Her young mother arrived at the airport directly from the law courts in Valletta, just in time for the family to check in, and they were kept away from the media. Their entourage, including IOM officials, were cagey about the situation and refused any comments.

Asked about her state of mind and the fact that , until a short while before, she was unsure if she would be leaving for Switzerland and whether her eldest daughter would be joining her, the meek mother muttered that she was "happy".

The daughter did mention her Maltese carer at one stage and was told she would be visiting her.

The family was among 19 beneficiaries of international protection from Eritrea, Somalia and Sudan who yesterday embarked on a new life abroad – 18 in Switzerland and one in Liechtenstein.

They were seen off by the parliamentary assistant at the Home Affairs Ministry, Beppe Fenech Adami, and Swiss Consul General Malcolm Lowell.

Dr Fenech Adami understood the emotionally charged case and the situation of the Maltese woman but said the government abided by the court decision.

Legal structures, regulating fostering and adoption, were in place but, unfortunately, such situations still arose, he said, advising people in similar circumstances to follow the law to avoid problems.

 

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