People who are not allowed to stay in Malta can work temporarily, however this does not qualify them for additional rights, according to the Home Affairs Ministry.

“People who entered, or are in Malta irregularly and are no longer asylum seekers are not entitled to remain here. Although temporary work permits may be issued to avoid situations of destitution, these do not give rise to additional rights,” a spokeswoman said.

The ministry was contacted after a group of 42 failed asylum seekers gathered at the Office of the Refugee Commissioner in Msida last month, demanding temporary protection.

Just a month before, they had joined a larger group in Valletta, pleading for better access to healthcare, education and social security benefits.

The worst affected are those from West Africa. Four migrants from the Ivory Coast and a man from Mali who spoke to this newspaper after the Msida protest insisted that, although they paid tax and national insurance contributions, they did not receive benefits when they were made redundant.

They said they could not open a bank account, were refused treatment at hospital and found it difficult to get a Tallinja card, among others.

The men, who have been away from their families for at least seven years, were “desperate” and insisted they were only expecting to be treated as human beings. One of them said he would rather go back home as he felt there was no future for him here.

However, it is not always possible to be repatriated. The ministry noted there had been instances when a request for travel documents was not followed up by the country of origin or the claimed nationality was not confirmed. In the meantime, the migrants would ask for temporary protection.

Refugee Commissioner Mario Guido Friggieri said the 42 people who protested at his office last month were not eligible for the two types of protection the office gave under the asylum procedure: refugee status and subsidiary protection. In all cases but one, the decision was also confirmed by the Appeals Board.

Mr Friggieri said that, on the day, the group “took control” of the reception area, manhandled clients, stopped others from entering the office and threatened staff members. The police had to be called in and the commissioner promised the protesting migrants to send them a letter explaining their status.

Asked why they could not be granted temporary humanitarian protection, Mr Friggieri said this was an ex gratia type of protection, given only when made available and which no person with rejected status had a right to at law. Legally, their status was that of failed asylum seekers and they should return to their country.

“People whose case was decided as not meriting any type of international protection by law should, according to international and national legislation, return or be returned to their country of origin.”

The Home Affairs Ministry said irregular migrants can be forcibly repatriated by the police, return out of their own free will with a passport issued by their country of origin or assisted through a voluntary return programme.

This scheme, in collaboration with NGOs since 2006, provides €4,000 worth of in-kind assistance to be used to open a business in their home country or pursue studies. Returnees are followed up by the International Organisation for Migration throughout the project financed by the EU.

Can people always return home?

Some migrants insist on being granted temporary humanitarian protection as they are stuck in Malta through no fault of their own, according to human rights lawyer Neil Falzon.

When a person’s request for asylum is rejected twice and is in Malta irregularly, the person can return to his/her home country voluntarily or be repatriated by the government. However, this is not always possible, especially for people from the Ivory Coast, Niger, Cameroon and Mali. The government cannot operate a flight to repatriate them without their government first confirming their nationality and accepting them back.

While some, such as those from Nigeria and Ghana, actually send representatives to interview them, others never reply and these failed asylum seekers are stuck in limbo.

“It is not their fault that they are stuck here without being able to travel beyond Malta or go to their home country. And it is unfair that their basic human rights are not taken into consideration. Their only right is to work but it is unjust that they pay social security contributions and tax, and integrate well, but they get no benefits in return.

“Human rights are to be enjoyed by everyone, irrespective of migration status. Interesting how we are happy to recognise this in the case of, for example, convicted criminals but not for migrants,” Dr Falzon said.