Updated 10.10am

Kusi Dismark left Malta for Ghana on Friday morning after 13 years in the country, despite calls for appeals for reconsideration on humanitarian grounds. 

The 37-year-old is voluntarily returning to Ghana after being detained on January 21 on the strength of a removal order. 

His lawyers told Times of Malta he will not face a ban to enter Malta following the "intervention" of the Home Affairs Ministry.

As a person who was denied asylum when he landed in Malta in 2011, the 37-year-old was allowed to work 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 was detained as he was subject to a removal order dating back to June 2011. 

In comments to Times of Malta from the Safi detention centre, Kusi had said he invested the best part of his life in Malta - a place that allowed him “to live, not just survive” – a place he could finally call “home”.

On Thursday evening, Kusi, together with his lawyers Gianluca Cappitta and Adrian Sciberras, held a meeting with the Principal Immigration Officer.

The lawyers said the meeting took place in an "atmosphere of mutual respect".

"Following extensive deliberation, Kusi decided to voluntarily return to Ghana. This decision was reached after careful consideration and consultation with his lawyers."

They said that despite enduring a stateless status for over 12 years, Kusi will not face a ban following the "intervention" of the Home Affairs Ministry.

"This incident highlights the numerous stateless individuals on our island, stressing the need for initiatives aimed at regularising their legal status.

"While Kusi's aspirations for Europe are momentarily paused, the silver lining lies in his imminent reunion with his mother, whom he has been separated from throughout his time away from Ghana. We remain committed to supporting him in his journey.

"Kusi is in good spirits and maintains an optimistic outlook for his future."

Kusi’s sudden detention had sent shockwaves among his circle of friends, Maltese landlords and civil society.

On Sunday, a protest is being organised by people who similarly have a rejected status. They are calling 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.

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.

European Parliament president Roberta Metsola also came out in support of Kusi, saying that deporting him now would be a failure of Malta's laws, leadership and humanity. 

In a statement on Friday, the dean of the university's Faculty of Education condemned the decision saying it was "cruel and inhumane".

Colin Calleja called on the authorities to reverse their decision and allow Kusi to remain in Malta and continue to be of service to his community.

Obliged to pay taxes, but no right to social benefits

Malta has a right to return people who are rejected 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. Additionally, Malta might not have diplomatic relations with their claimed country of origin.

This means that people live years – even decades – in Malta with the threat of deportation hanging over their heads.

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.