Identità ‘discriminated’ against Iranian applying to work in Malta

Residency permit agency Identità racially and ethnically discriminated against an Iranian national whose application to work in Malta was refused, the equality commission has ruled.

The commission said the agency had “indirectly discriminated” against the applicant “on the grounds of race and ethnic origin”, after his application was automatically refused under a “blanket policy... not supported by consistent reasoning or application of law”. 

The ruling also referenced similar complaints made by several other Iranian nationals, reported by Times of Malta in 2023, who also saw their applications summarily rejected by the authorities. Some of those complainants have since taken up high-paying jobs in other EU countries.

The National Commission for the Promotion of Equality (NCPE) called on Identità to revise its policies to ensure applicants were treated objectively and fairly.

It recommended the agency introduce procedures to “guarantee transparency, consistency, and accountability... particularly in cases involving sensitive grounds such as race and ethnic origin”.

The findings emerge from a copy of the NCPE investigation seen by Times of Malta.

Identità told Times of Malta that while it did not fully agree with the NCPE, it took “due cognisance” of its recommendations. However, it said national security remained the “paramount consideration” when reviewing applications from non-EU citizens.

The agency referenced an accepted, yet to be implemented recommendation for Malta’s new Labour Migration Policy, that while low-skilled workers from high-risk countries should be “categorically rejected”, highly skilled workers “will be assessed on a case-by-case basis”.

‘Mistake’

The complainant, who is currently in Iran and whose representatives asked Times of Malta not to name due to ongoing safety concerns amid a brutal crackdown in the country, applied to Identità – then Identity Malta – in 2022 after being offered a lucrative software job in Malta’s finance sector. 

His prospective employer, finance entrepreneur Sam Safavi, told Times of Malta the applicant had been excited at the prospect of working in Malta after being told his application was approved in principle. 

But that excitement soon turned to dismay when his application was cancelled shortly afterwards due to a “mistake”. Safavi, a Belgian Iranian national, was subsequently told the application had been refused on “public policy grounds given the situation in Iran”. 

‘Public policy’ is a blanket term covering a range of possible public order, national security and public health concerns cited to refuse residency applications.

After repeatedly asking for more information, Safavi was eventually told in a terse response it was “not possible” to carry out the necessary due diligence checks “given the current situation in Iran” – a response he queried, noting the situation in Iran had remained the same for decades and that Malta maintained a consular presence in the capital Tehran.

The rejection predated the unrest in Iran sparked by the death of Mahsa Amina, who was arrested for allegedly breaching mandatory hijab rules. 

When further information was not forthcoming, and with other Iranians coming forward reporting the same experience – including some with valid residence permits from other EU countries – Safavi and the applicant lodged a complaint with the NCPE.

‘Automatic refusals’

While the agency maintained it was unable to carry out due diligence checks amid a lack of cooperation from Iranian authorities, earlier testimony from other cases involving Iranians, examined by the NCPE, appeared to contradict the claim. 

In one instance, an Identità policy chief told an immigration appeals board she had “instructions that applications first time from high-risk countries shall be refused automatically”, referring to those from Iran, Iraq, Afghanistan and Syria.

Identità told the NCPE that countries including Iran are “treated as high-risk due to intelligence and international reports linking them to terrorism” and that national security interests override private interests.

However, this justification was undermined by testimony from Police Assistant Commissioner Neville Xuereb, who said “the applicant was not marked as adversely known” on international security databases including Europol and Interpol.

A JobsPlus representative further testified that the employment agency “does not blacklist any nationalities” and had approved the application.

‘No vetting took place’

In its deliberations on the case, the NCPE said it was evident that “no vetting” of the complainant had taken place, “undermining the claim that refusals were due to unresolvable security concerns”.

Testimonies of several Iranian nationals showed “a pattern of refusal regardless of supporting documents”, the NCPE said, which it said supported a finding of “indirect ethnic discrimination”.

Indirect discrimination refers to an apparently neutral practice which puts persons of racial or ethnic origin at a particular disadvantage, according to the commission.

“While national security is a legitimate aim... automatic refusals without evaluation are disproportionate and unlawful”, the commission said, noting there were no EU sanctions imposing blanket bans on Iranians seeking residence or employment. 

“Identità’s refusal letter lacked any specific risk assessment or reference to security findings. The refusal appears to apply a de facto blanket policy against Iranian nationals.”

A copy of its decision was sent to the complainant and the Home Affairs Minister, Byron Camilleri.

‘Question of institutional integrity’

Reflecting on the case, Safavi stressed that “once questions started being asked, what should have been a simple administrative explanation turned into a defensive and increasingly politicised process.” 

Safavi stressed his criticism was not directed at Malta as a country; as a finance entrepreneur who represents Maltese businesses abroad, he said he had consistently defended Malta internationally, including during periods of reputational damage such as the country’s FATF greylisting.

“That is precisely why this is so serious,” he said. “When a system says one thing in writing, another thing in official hearings and something entirely different under oath, it stops being a mistake. It becomes a question of institutional integrity”. 

Safavi also expressed concern for the applicant’s safety amid the ongoing unrest in Iran, noting that communication had become increasingly difficult since protests against the regime intensified.

“The people risking their lives to oppose dictatorship are not a threat,” Safavi said. “What this case shows is that people who could contribute positively to Maltese society were excluded without ever being assessed as individuals.”