statelessness. Specific circumstances of stateless people should be understood and addressed, as are other experiences, characteristics and circumstances leading to vulnerability. 23. Gaps exist in the legal framework and practice concerning the protection of stateless people from arbitrary detention in Malta, and the lack of a dedicated SDP further exacerbates the risk of arbitrary detention. Stateless people may be detained under different legal regimes, each with its own criteria, rights and guarantees. There is evidence that immigration detention is being used prior to all alternatives being considered, and civil society organisations have reported that Malta continues to have concerning policies on summary detention, detention without specified time limits, and limited procedural safeguards.29 24. There are some protections against the arbitrary detention of stateless people for removal, such as the requirement that someone is released immediately where removal cannot take place, and that detention ceases to be justified when a reasonable prospect of removal no longer exists, either for legal or other considerations. There have been instances of people being released from detention when, following interventions by NGO lawyers, it was clear that their removal would not be possible due to lack of cooperation from the country of origin or failure to confirm nationality. However, a country of removal does not need to be identified prior to detention, although requirements of necessity, proportionality, and due diligence could be interpreted as requiring this.30 25. Moreover, statelessness is not considered to be a juridically relevant fact during the decision to detain, and stateless people are detained in practice prior to the authorities initiating removal procedures. Nonetheless, on a positive note, there have been cases of people being released from detention because their nationality could not be determined or confirmed, following interventions by NGO lawyers. 31 There is a definition of ‘vulnerable persons’ in law, but statelessness is not included and is not considered a vulnerability factor. No vulnerability assessment is carried out prior to a decision to detain, except for those who are manifestly vulnerable such as very young children and people presenting visible vulnerabilities. Those claiming asylum in-country, arriving by plane, or denied access or detained pending removal, do not systematically undergo such assessment.32 26. Asylum-seekers released from detention are issued with documentation and rights under the EU Reception Directive, but people detained for removal are issued with an administrative record and tolerated stay, which generally permits access to the labour market and healthcare only if they can show social security contributions from the 29 For more information on immigration detention in Malta, see Asylum Information Database (AIDA) country report on Malta, at https://asylumineurope.org/reports/country/malta/; and the Global Detention Project country report on Malta, at https://www.globaldetentionproject.org/countries/europe/malta#country-report. 30 Subsidiary Legislation 217.12, Common Standards and Procedures for Returning Illegally Staying Third-Country Nationals Regulations, 2011, available at: http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=11637&l=1; European Convention Act, Ch. 319 of the Laws of Malta, available at: http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8795&l=1; aditus foundation. 31 Times of Malta, Malians released after controversial three-month detention, https://www.timesofmalta.com/articles/view/20170214/local/malians-to-be-released-after-controversial-three-monthdetention.639627. 32 Returns Regulations, Regulation 2, https://legislation.mt/eli/sl/217.12/eng; Reception Regulations, Regulation 14, https://legislation.mt/eli/sl/420.6/eng; Subsidiary Legislation 420.06, Amended by Law 417 of 2015, Reception of Asylum Seekers Regulations 2005, available at: http://justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=10662; Asylum Information Database (AIDA) Country Report, Malta, 2020, available at: https://asylumineurope.org/reports/country/malta/. 7