Non-EU families appealing the deportation of their children are receiving letters from Identity Malta, asking them to leave the country “as soon as possible”.
In a move that their lawyers say breaches the Immigration Act, the letters have been sent to six children, whose parents live and work in Malta.
The letters were sent to six children, whose parents live and work in Malta. The archbishop was among those who called for the decision to be revisited.
In a statement in the afternoon, Parliamentary Secretary Alex Muscat said he acknowledged that the sending of the letters caused unnecessary hardship to the families involved, especially in the current exceptional circumstances caused by COVID-19.
"Following the COVID-19 outbreak in Malta, the proceedings of the Immigration Appeals Board have been suspended. In view of this, Identity Malta has decided not to extend the interim permit of third-country nationals who are staying in Malta only to await the outcome of their appeal. However, this does not apply to minors whose parents are both authorised to reside in Malta, and hence the letters mentioned in the article should not have been sent," his secretariat said.
Last December, Times of Malta reported that 41 children from Serbia and North Macedonia had been denied residence permits because their parents did not satisfy a policy which requires third-country nationals to earn €19,000 a year, as well as €3,800 extra per child.
The news, which came out just before Christmas, caused an outcry, and led to a fund-raising campaign fronted by tenor Joseph Calleja and the Archbishop Charles Scicluna.
Since then, the families of 37 of the children have appealed the decision through the Immigration Appeals Board. However, on Monday, Identity Malta wrote letters addressed to at least six of the 37 children, telling them that the board was temporarily closed because of the COVID-19 crisis and that they should continue the appeal outside the country.
“Given such circumstances and in view that even if the sittings of the board are resumed, the proceedings may still continue notwithstanding your absence from Malta, you are requested to make arrangements in order that you may depart from Malta as soon as possible,” the letter read.
Dragan Stojkovski from North Macedonia, whose 10-year-old daughter Eva was one of the children ordered to leave, told Times of Malta he and the other families were appalled by such an attitude and would continue to contest this decision however possible.
“This is unacceptable and disrespectful to us as legally employed taxpayers. It also violates my child’s human rights of being with her parents,” he said.
“In a very difficult situation for the entire world where we all need to stand together to overcome an invisible threat, instead of showing solidarity, Identity Malta are holding themselves to be the judge, jury and executioner of our cases.”
‘Go home’ – children appealing eviction are told https://t.co/aXFcgjulTg I wonder whether whoever wrote the letter would know of Kafka and was perhaps trying to invent worse nightmares for people. Unconscionable. Please revisit your decision.
The legal representative of the 23 families lodging the appeal said that the request was illegal and was causing great distress to his clients. He asked not to be named.
He referred to article 14 (8) of the Immigration Act “the Principal Immigration Officer shall not execute any return decision or removal order if appeals proceedings before the Immigration Appeals Board are pending.”
He pointed out that in this case, the Principal Immigration Officer is Identity Malta, adding that it was irresponsible for them to continue to breach the human rights of these families.
He expected that all appellants had been issued the letter and would receive them within the next few days.
Ana Zdravkovic, speaking on behalf of the group of families, said that in these unfortunate circumstances which call for unity and solidarity, Identity Malta had yet again demonstrated a deplorable lack of sympathy for the plight of children and families afflicted by both its restrictive policy and general state of crisis.
“The moral test of government is how that government treats its most vulnerable members and instead of reaching out to them at this hour of need,” she said.
“The authority that yields most power over the livelihoods of third-country nationals, has yet again demonstrated their lack of goodwill and sympathy towards not only the stricken families, but also the most vulnerable members of society – children.” Questions sent to the parliamentary secretary were not answered by the time of going to print.