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Y.M.O v. The Principal Immigration Officer

The appellant was rescued and disembarked in Malta in July 2021 and declared that he is a minor upon arrival. He was directly detained after disembarkation and was rejected from his application for international protection in October 2021. The appellant was assessed to be an adult following an age assessment procedure but filed an appeal against the decision from the Agency for the Welfare of Asylum Seekers (AWAS).

The appellant requested a review of his detention to be held in front of the Immigration Appeals Board and argued that the possibility to apply less coercive measures were never assessed in his case since he was from a country where returns are feasible and that due consideration should be given to the fact that he is a minor.

The Board noted that the removal order could not be decided upon at this stage since there was a pending age assessment appeal before Division II. The Board rejected the arguments of the appellant and considered that since this is detention on a removal order and not on a detention order, the appellant must file a request for bail if he wants to be released.

The Board upheld the request for bail subject to a care and custody order in favour of the appellant issued by the relevant authority. The person/guardian who will have the care and custody of the appellant is to accompany the appellant to the Police station to sign every Friday from 7:00am – 7:00pm. The Board is also to be informed of the address as to where the appellant will be residing and must immediately inform the authorities if he goes missing. Additionally, the Board imposed a  1000 Euro deposit as a guarantee by the person who is going to have full care and custody.

However, the applicant was not released since the competent authority never issued a care and custody order.

Source: PDF with the case

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