in limited population data on statelessness as a comprehensive mapping of the stateless
population in Malta is difficult.14
13. There is no ‘stateless’ category in the census. The census in 2011 and 2021 provided
limited opportunity for respondents to self-identify as ‘stateless’. According to the 2021
census report, there are 171 stateless people in Malta. The data is disaggregated by
residence, gender, and age. The National Statistics Office Annual Demographic Review
has included a 'stateless' category since 2008 in its data on acquisition of Maltese
nationality. From 2008-2010, 24 stateless individuals are reported to have obtained
Maltese nationality. In 2014, 1 stateless person and 5 people with ‘unspecified’
nationality acquired Maltese nationality. The International Protection Agency (formerly
the Office of the Refugee Commissioner) reported that, in 2022, 1 asylum-seeker selfidentified as stateless whilst 32 asylum applications were filed by Palestinians. UNHCR
conducted a mapping study in 2014, which provides a detailed commentary on the
legislative framework on statelessness in Malta, including examples of different profiles
of stateless people and those at risk of statelessness in the country.
14. The Government does not publish data on stateless people in detention or
systematically record statelessness across agencies, and it does not routinely publish
statistics on immigration detention. The Immigration Police collects some data on
individuals released from immigration detention who could not be removed, but they
do not publish this.
15. These statistics do not provide an accurate or reliable overview of Malta’s stateless
population. The indications are that the stateless population in Malta may be
underreported due the fact that there is very limited data, the data collection methods
are poor, and there is no mechanism in place to identify and determine statelessness.
Issue 2 - Statelessness determination and access to rights
16. Identifying stateless people in the country is the first step to providing adequate
protection and rights enshrined in the 1954 Convention. Although the 1954 Convention
does not specifically provide for how statelessness should be determined, UNHCR
guidance has confirmed that this is best fulfilled through a dedicated statelessness
determination procedure with the necessary safeguards and procedural
guarantees. 15 According to international norms and standards, statelessness
determination procedures should lead to a dedicated protection status, including a
residence permit, access to economic, social, civil, and political rights, the right to
administrative assistance, exemption from requirements stateless people cannot meet
because they are stateless, and other rights protected by the 1954 Convention. States
should also establish a facilitated route to naturalisation so stateless people can acquire
a nationality and resolve their statelessness.16
14
See UNHCR, Mapping Statelessness in Malta (2014), p. 46-48.
UNHCR, Handbook on Protection of Stateless Persons, 2014:
http://www.unhcr.org/uk/protection/statelessness/53b698ab9/handbook-protection-stateless-persons.html. See also
European Court of Human Rights, Hoti v. Croatia (application no. 42321/15), 26 July 2018, holding that a State has a positive
obligation to provide an effective and accessible procedure enabling applicants to have their issues of further stay and status
determined, paragraph 32.
16 Statelessness Index, Statelessness Determination and Protection in Europe: Good Practice, Challenges, and Risks, 2021:
https://index.statelessness.eu/sites/default/files/ENS-Statelessness_determination_and_protection_in_EuropeSep_2021_0.pdf.
15
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