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 was speaking to Times of Malta after the story of Kusi Dismark, a man who has been detained with the intention of being deported after 13 years in Malta.
As a person who has been denied asylum, Kusi was allowed to work in Malta and pay his dues but had no access to free education and healthcare. He financed his studies, opened a hair salon in Ħamrun and was planning on expanding his business until he was arrested on January 21.
Kusi’s sudden arrest and detention sent shockwaves among his circle of friends, Maltese landlords and civil society.
Kusi is not the only person with the threat of deportation hanging over his head. 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.
Fr D’Amato told Times of Malta that the same system that gave a person the right to a job and the obligation to pay social contributions and tax could not tell that same person that “there is a small part that is not regular, so forget all your contributions, your connections in Malta, pack your bags and leave. Although it might be the law, it is definitely not just”.
While the system should be based on strong legal principles, it should ensure that whoever lives in Malta lives a decent life
He called for policies that are not just based on legislation but also justice.
“While the system should be based on strong legal principles, it should ensure that whoever lives in Malta lives a decent life and, as much as possible, also ensure we aren’t the ones who throw the person into irregularity,” he said.
Fr D’Amato noted that the current policies led to delays in decisions about asylum – the application for which was a fundamental human right, while also allowed the State to decide on implementing a removal order following several years of that person living in Malta.
“A person lives here 10 years, pays tax, while contributing to society and the community he forms part of. Then, suddenly, is he no longer good enough to form part of our society,” Fr D’Amato asked.
“It’s not enough to say that the State has a right to remove people who are not regular. The State should do everything possible to regularise the situation of several people – in their hundreds, probably thousands – who arrive in Malta, contribute to society for years, live in the best possible way they can, make friends, have children and build a family here. Ultimately, although the removal order is the law, it is not just.”