Nine Malian asylum seekers whose bid to seek refugee status in Malta had failed, were granted a ray of hope when a constitutional court this morning declared that it would hear their case wherein they are contesting their repatriation.

The First Hall, Civil Court, presided by Madame Justice Lorraine Schembri Orland, observed that the plaintiffs were arguing that in spite of having arrived in Malta years ago, they were still being retained under the removal order issued by the authorities following their arrival.

The plaintiffs are alleging a violation of their fundamental rights when they were denied legal assistance and effective remedies, including that of being released from detention.

READ: Malian detainees legally challenge their deportation

All nine are what is left of a group of 33 who were rounded up on November 14 and taken to the Safi detention centre. They were released earlier this month, having been detained for three months.

The court noted that pending the proceedings, the plaintiffs had been released from detention under a ministerial order issued on February 14.

The court upheld the request of the plaintiffs to hear their case noting that they had "no other suitable remedy available at law for the breach of rights that they claim."

It concluded that it would proceed to hear evidence and submissions since the merits of the case fell outside the competence of the Immigration Appeals Board.

 

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