Asylum seekers can start looking for a job no later than nine months after filing for protection, according to rules approved by the European Parliament.

Certain member states, such as Malta, have natural limitations when it comes to integration opportunities

Backed by the Christian Democrats and the Socialists, the two largest political groups in the EP, the common European asylum policy was accepted without a vote.

But, to Malta’s dismay, the rules retain the principle enshrined in the Dublin II regulations that puts the onus of responsibility on the country through which the asylum seeker first enters the EU.

The changes make no reference to burden sharing but include some wide-ranging reforms to improve the rights of asylum seekers.

For the first time, member states will have a six-month deadline to decide on asylum applications and it is clearly stated that minors may be detained “only as a last resort” for the shortest time possible.

The rules suggest a preference against detaining asylum seekers but the “limited” reasons for allowing detention are wide ranging.

Detained asylum seekers will have to be given information explaining their rights and obligations in a language that they understand “or are reasonably supposed to understand”.

The package also allows the police in member states to consult a European fingerprint database of asylum seekers in certain circumstances.

Writing in Times of Malta, European Commissioner for Home Affairs Cecilia Malmström (see back page) said the reforms were “significant” and showed that the EU respected human rights and the rule of law.

But the mood in Malta was not one of jubilation as politicians rued the missed opportunity for the EU to show practical solidarity.

The Home Affairs Ministry insisted the EU must now focus on increasing tangible solidarity in the form of “intra-EU relocation” given the disproportionate pressure on Malta.

“Certain member states, such as Malta, have natural limitations when it comes to integration opportunities, mainly in view of small size and a small labour market,” the ministry said.

Migrant relocation between member states, it added, would ensure the upkeep of common standards across the union.

The ministry noted that individual asylum applicants in Malta were always granted the possibility of an interview at first instance.

Asylum seekers were also allowed to stay in Malta pending the outcome of appeals procedures in line with the proposed new legislation, the ministry added.

Opposition Home Affairs spokesman Jason Azzopardi welcomed the provisions that increased standards and protection for asylum seekers but described the Dublin II regulations as “hugely problematic”.

While human rights should be safeguarded, even solidarity had to be practised, he added.

“We cannot say that all European member states are implementing concrete and effective solidarity, resulting in Malta carrying a disproportionately huge burden.”

Dr Azzopardi said member states on the periphery were being left to their own devices.

It was a sentiment shared by Alternattiva Demokratika immigration spokesman Robert Callus, who said the EU had to start practicing real solidarity.

“The European Green Party is the only party at a European level to realise that a sense of fairness towards both asylum seekers and countries in the periphery of Europe when it comes to the distribution of immigrants is necessary if every country is to keep on believing in the European project,” he said.

Labour MEP Joseph Cuschieri, who addressed the plenary session that approved the rules, said it was “unacceptable” for Malta to continue shouldering the problem simply because it was at the crossroads of two continents.

“What was approved is what every human being deserves... but it is not enough,” he said.

ksansone@timesofmalta.com

Changing the rule book

As the EU seeks some common asylum rules, what changes will the new policy bring? Times of Malta takes a look at some of the more salient issues.

Six-month deadline

What’s new - Member states will have a standard, six-month deadline to decide on asylum applications and will only be able to postpone decisions for a further nine months, in three limited and well-defined cases.

What’s different - Currently, EU law does not impose any explicit deadlines for deciding on asylum applications.

Grounds for detention

What’s new - An asylum seeker may only be detained for a limited number of reasons: to check his identity; to verify elements of his application; to decide on his right to enter the member state’s territory; to protect national security and public order; to prepare for return to his home country or for transferring him to another EU country.

What’s different – The 2003 directive did not stipulate any grounds for detention, leaving it to member states’ discretion. In concrete terms this will make no difference to the current set-up in Malta.

Labour market

What’s new - Asylum seekers will have the right to begin seeking a job in the member state of reception no later than nine months after filing an application for international protection.

What’s different - Currently, an asylum seeker may begin seeking a job on the national labour market one year after lodging an application.

Transfering asylum seekers

What’s new – It will be impossible to transfer asylum seekers to member states where “there are systemic flaws in the asylum procedure and reception conditions... resulting in risk of inhuman or degrading treatment”.

What’s different – Not much will change from the current set-up, which stipulates that the country deemed responsible is that through which the asylum seeker first entered the EU.