A third detention centre has opened for asylum seekers entering Malta, despite concerns that many migrants are being held unlawfully.

Detention facilities at Lyster Barracks in Ħal Far were re-opened last January, Times of Malta has found out.

The barracks cater for migrants who arrived in Malta this year, a spokesperson of the Home Affairs Ministry said when asked for the reason another detention centre is required.

However, detention should only be a last resort, for a short period of time and it should always be justified, former UNHCR Malta representative Kahin Ismail had told Times of Malta in December.

The Maltese government phased out automatic detention in 2015, but in 2018 Mr Ismail began to see the de facto reintroduction of open-ended detention at the Safi migrant centre.

Last October, a court ruled that the detention of asylum seekers for over 10 weeks on the basis of health laws was unlawful and ordered their release.

Detention for medical reasons is lasting longer than the maximum time provided by law

The law lays down in which cases detention is possible and for how long people can be detained, a spokesperson for the UNHCR explained.

“Detention for medical reasons is lasting longer than the maximum time provided by law and consequently, the reception policy adopted in 2015 is being undermined. The current conditions in detention also raise concerns as regards their lawfulness,” the spokesperson said.

The Home Affairs spokes­person said the detention of irregu­lar migrants, including those persons seeking asylum, was permitted under EU and Maltese legislation for “reasons of public health, security and the determination of a person’s identity or nationality, among others”.

Asked how long the authorities were detaining migrants, the ministry spokesperson said the authorities strive to accommodate people in detention centres for the shortest time possible until relevant assessments are conducted.

The UNHCR says that about 1,700 people are currently being held at the three closed centres: the Initial Reception centre in Marsa, the Ħal Safi detention centre and Lyster Barracks.

This is 300 more than was reported by the UNHCR in December.

The UNHCR says it is aware of the fact that the local asylum and reception system is currently under a lot of strain with increased sea arrivals, but its position is that asylum seekers should not be detained, particularly children.

Detention is known to have harmful effects on the well­being of asylum-seekers, especially on vulnerable people and those who have already been traumatised by war or persecution in their home country or while travelling to Europe.

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