A/HRC/33/50/Add.1
which means that they had been held there for more than 12 months. The Working Group
was informed that, during their stay at the open centre, residents were offered
accommodation and free food, and were provided with a transportation allowance to enable
them to travel to the city centre. In addition, the Working Group was informed that the
centre would provide English-language courses, computer training and cultural orientation.
40.
There were complaints from some residents that the food they were given lacked
variety. They had been offered chicken at every meal for a long time and there was an
absence of fruit. A man complained that his observation of religious dietary and fasting
rules had not been respected. In this regard, the Working Group was pleased to learn after
its follow-up visit that the offered meals had been replaced with a food allowance, which
allowed each resident to purchase food of his or her choice.
41.
In this regard, the Working Group encourages the Government of Malta to take all
measures necessary to improve the living conditions in the open centres. The Working
Group notes the commitment of the Government to addressing the challenges related to the
detention of migrant children. The Working Group was informed that Malta had made a
commitment to ensuring that migrant children would no longer be subject to detention. It
was informed that, upon arrival, children, including unaccompanied children and families
with children, would be taken to an initial reception centre for minors. The Working Group
reiterates that children who find themselves without parental protection are dependent on
States to uphold their rights.
42.
During its trip, the delegation visited a newly established reception centre for
children, which had not yet been used. The centre had been designed as a temporary facility
for registration, medical clearance and age assessment, when necessary. It could host a
maximum of 134 persons, and was equipped with family rooms, a playroom for children,
and offices for international organizations and agencies, such as UNHCR. Residents would
be provided with a welcome bag containing basic personal sanitation items and blankets.
Prepared meals would be provided free of charge to residents. Personnel at the reception
centre had collected some clothes and toys to be distributed to migrant children. These
items had been stored in two storage rooms that were shown to the Working Group.
43.
In respect of migrants in an irregular situation whose age cannot be otherwise
determined, an age assessment and determination procedure has been implemented by the
Agency for the Welfare of Asylum Seekers. The Working Group noted that the procedure
involves a psychosocial assessment, with referral for a medical examination only if
necessary. Whenever the relevant assessment leaves room for doubt as to whether the
person is a child or not, the authorities consider and treat the person concerned as a child.
44.
In its 2009 report, the Working Group also recommended that the Government
provide in all cases for automatic periodic review by a court of law of the necessity and
legality of detention.
45.
The lack of an effective process for judicial review of immigration detention
constituted one of the main problems observed by the Working Group during its first visit
to the country.
46.
The Government indicated that processes for reviewing the detention of migrants
had been introduced, including for those migrants who were due to be returned to their
countries of origin. Based on the proposed legislative changes, the first review was to be
conducted by the principal immigration officer within the first three months of the
detention, while the Immigration Appeals Board would have jurisdiction thereafter. The
Working Group was pleased to learn that, according to the proposed amendments, the
mandate of the Board would be expanded to providing a full review of the legality and
grounds of detention, and that a detainee would also be able to challenge his or her
detention before a court, with eligibility for legal aid throughout the process. The Working
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