The prolonged detention of an illegal immigrant pending his deportation back to his homeland was judged as being unlawful by a court of magistrates that ordered his immediate release from arrest.

Namake Nomo was among a group of 33 Malian nationals denied asylum by the Maltese authorities and targeted for deportation back to their country of origin.

Having been granted humanitarian protection in Italy but lacking a valid travel document, the man attempted to enter Malta in 2015 by using a third party passport.

Following his immediate arrest upon his arrival at the Malta International Airport, the accused was arraigned and condemned to six months in jail.

The court noted that Mr Nomo's application for refugee status was turned down by the Refugee Appeals Board in March 2015.

The applicant continued to reside in Malta as an illegal immigrant until, last November he was detained by local authorities and sent to the Safi detention centre awaiting the arrival of a Malian delegation invited specifically by the Maltese government to identify any immigrants of Malian origin for the purpose of repatriation.

Faced with an urgent request to review the legality of the applicant's continued detention following his arrest last month, the court, presided by magistrate Marseanne Farrugia declared that Mr Nomo was doubtlessly a prohibited immigrant in terms of the Immigration Act.

The man had failed to exhibit official documents to prove that he had been granted humanitarian status.

However, the court concluded that although the Immigration Act granted the police the right to arrest an illegal immigrant without first having to obtain a magisterial warrant, once arrested and arraigned the accused had to be deported or repatriated immediately.

The local authorities had no right to retain such an immigrant under arrest indefinitely.

Since in this case the court found no evidence that a deportation or repatriation order had been issued in Mr Nomo's regard, it ordered his illegal detention to cease with immediate effect.