A migrant broke the law in Malta as he attempted to travel to Italy to regularise his position there, a court heard on Thursday. 

Ghanaian-born Ata Augustine, 30, who has lived in Malta for several months after having arrived from Italy, had received a summons to appear before the authorities in Sicily to have his fingerprints taken so as to proceed with his immigration process, thereby regularising his status.

But with his travel documents long out of date, the man late on Wednesday used a friend's Italian passport to try to get through immigration checks for a flight to Catania.

He was stopped by immigration authorities and ended up in court on Thursday, charged with having acted as an imposter by using someone else's passport.

Upon hearing the prosecution insist for an effective jail term, arguing that such cases were ‘serious and frequent’, the accused’s defence lawyer rebutted that this case clearly merited a suspended sentence.

"My client was attempting to leave Malta so as to regularise his position," lawyer Joe Ellis argued.

"Admittedly, he adopted unconventional means. But that was the only way he could get back to Italy."

Moreover, the accused had been residing in Malta for a year and had never been involved in any brush with the law, he continued.

Magistrate Monica Vella, declared the man guilty upon his own admission and handed down a six-month jail term suspended for two years.

“I have a problem because tomorrow they gave me an appointment to have my fingerprints taken and I have no documents to go there,” the accused meekly pointed out.

“Unfortunately, I cannot do anything about that,” replied the magistrate.

Inspectors Mario Haber and Claire Borg prosecuted.

Lawyer Joe Ellis was legal aid counsel.