Libyan citizens whose residence permits were revoked by the government are still able to remain in Malta, as the majority have applied for humanitarian protection.

The government took this step after accountant and former Labour Party treasurer Joe Sammut was charged in August with issuing fake documents in conjunction with Identity Malta employees.

Last November, this newspaper revealed that letters had been sent to a number of Libyan citizens informing them that their residence permits had been withdrawn and that they had 30 days to leave the country.

However, most of the Libyan citizens told to pack their bags have now applied for international protection. According to the Refugees Act, any third-country national who applies for protection under the auspices of the Office of the Refugee Commissioner has a right to be deemed an asylum seeker until a decision is taken.

Sources close to the commission confirmed that many of those with revoked permits were applying for protection and this was “almost guaranteed” due to the ongoing situation in Libya.

The government acknowledged a racket at Identity Malta had been going on for years

“According to the latest guidelines issued by the UNHCR, those coming from Libya are to be given almost automatic protection,” the sources said. “Although the Refugee Commissioner has denied protection to certain applicants for very serious reasons, most of the applications are being accepted,” they said.

Asked whether the Libyans involved were trying to circumvent the rules, as they are only applying for protection after the revocation of their fraudulent residence permits, the sources said: “The office does not have a right to ask how the applicant arrived in Malta. That is not its remit, as that is the job of the immigration police.”

According to information given in Parliament, up to November the government had revoked 78 residence permits.

Hundreds of false companies were allegedly registered by Mr Sammut in order to acquire residence permits for their Libyan owners. A number of Identity Malta employees were arraigned in court charged with collaborating with Mr Sammut.

Later, the government acknowledged a “racket” at Identity Malta “had been going on for years”.

By October, 758 Libyan nationals had applied for international protection in Malta, double the number of applicants in 2014.

Though the number of migrants arriving on Malta’s shores has dwindled over the past two years, asylum applications continue.

In the first nine months of last year, the Refugee Commissioner received more than 1,350 new applications. More than half were from Libyan citizens.

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