Kusi Dismark - a man who has lived, studied and worked in Malta for 13 years - is set to be deported on Friday.
A travel document for Kusi to be returned to Ghana was issued late on Thursday, with attempts by his lawyers to appeal his removal order being unsuccessful.
As a person who was denied asylum when he landed in Malta in 2011, the 37-year-old was allowed to work here and pay taxes and social contributions.
He paid for his studies, opened a hair salon in Ħamrun and planned to expand his business until he was arrested on January 21.
Kusi’s sudden detention sent shockwaves among his circle of friends, Maltese landlords and civil society.
A protest on Sunday organised by migrants who have been living and working in Malta for several years will highlight Kusi's situation and that of several others.
According to a detention notification dated January 21, Kusi was detained as he was subject to a removal order since June of 2011. He was informed he would be “forcibly removed from the Schengen area within the coming weeks”.
Malta has a right to return people who are denied protection. However, not all are repatriated. Some countries of origin fail to provide official documentation for those handed a removal order or refuse to recognise the migrants’ claimed nationality.
The Church’s Migrants Commission director has called for immigration policies that are fair to hundreds of people who, through no fault of their own, have been allowed to live and work here for several years despite not being granted asylum.
Fr Anton D’Amato said that despite the removal of a person being legal, “it is definitely not just”.
The protest on Sunday will call for policy changes that would grant people living and working here for several years - and their children born in Malta - residency, social rights and stability.
Most people who are denied asylum are allowed to work in Malta and are obliged to pay tax and social contributions but have no access to free education.
While working, they have access to healthcare but no social protection. This means that if they are injured, taken ill or can no longer be gainfully employed, they will not receive any social, medical or unemployment benefits.
They are similarly not entitled to a pension once they reach retirement age.
People with rejected asylum are not allowed to marry, even if they enter into loving relationships and form a family of their own.
Children born in Malta to parents who have been rejected asylum inherit their parents’ lack of documentation, have no social protection and are technically stateless.
Metsola backs Kusi
European Parliament president Roberta Metsola came out in support of Kusi Dismark in recorded comments to interviewer Andrew Azzopardi.
RTK, which will air the interview on Saturday, said Metsola condemned plans for Kusi's deportation and said the application of the law in Malta should be more humane.
In a post on X, Metsola said that deporting Kusi now just to make a political point, would be a failure of Malta's laws, "a failure of leadership and of our humanity"