A/HRC/33/50/Add.1 The period of detention varies from 2 to 12 months pending adjudication of their asylum requests. The drastic reduction in arrivals by sea and the improvement in internal administrative procedures have resulted in a reduction of the average detention period to about two months. Migrants whose applications are rejected can be detained for up to 18 months as permitted by law. 27. The detention policy of Malta affects migrants arriving irregularly in the country. Under Maltese immigration laws, detention is the automatic consequence of a refusal to grant admission to national territory. The practice therefore continues to be to detain all migrants who arrive on the territory in an irregular manner. However, the Working Group notes that the Government of Malta is making efforts to ensure that each case is studied on its own merits, asylum seekers are detained only as a measure of last resort, and migrants who have not applied for asylum or are rejected at all stages can be detained only as long as there is a realistic prospect for removal. 28. The Working Group learned during its visit that even persons with a valid visa may be detained if they cannot prove that they have sufficient financial means to stay in Malta. It also learned that others arrive without valid documents or after having destroyed their passports at the moment of their arrival in order to request political asylum or refugee status. 29. It is provided in article 14 of the Maltese Procedural Standards in Examining Applications for International Protection Regulations that a person declared to be a beneficiary of international protection shall be entitled to remain in Malta and to be granted a residence permit. 30. Aside from the peak observed in 2008, the number of asylum seekers and refugees arriving in Malta has remained close to an average of 1,600 persons a year. The severe and negative physical and psychological consequences of prolonged detention have been very well documented. 31. The Working Group is of the view that detention should not be used to discourage migrants at risk who wish to apply for asylum in Malta. The Working Group notes that legislative changes are being introduced to reform the quasi-automatic nature of detention for irregular migrants. The Working Group welcomes the further changes that relevant authorities are currently working on, especially in relation to migrant children and removal orders. 32. The Working Group was informed that the Ministry for Home Affairs and National Security had prepared a bill to amend the Immigration Act of 1970. In the draft amendment act, changes are proposed to article 14 of the Immigration Act, which sets out mandatory pre-removal detention to ensure that removal orders are issued only when necessary. According to the proposed revision of article 14 (4), all the effects of a removal order shall be suspended if the person who is subject to it has filed an application for asylum and pending the final determination of that application. The removal order shall again come into force following the final rejection of the asylum application. In addition, the proposed revision to article 14 (7) provides that the principal immigration officer shall not execute any return decision or removal order if appeals proceedings before the Immigration Appeals Board are pending. 33. However, the Working Group understood during its visit that civil society organizations, especially those with several years of expertise in providing assistance to refugees and asylum seekers, had not yet been consulted on the proposed legislative changes. Thus, the Working Group encourages relevant authorities to fully consult such organizations during this process. In this regard, the Working Group was pleased that the Social Affairs Committee of the Parliament had expressed to the Working Group its commitment in that respect. 8