CALL CLOSED
The Ministry for Home Affairs, Security, Reforms and Equality is currently seeking the legal services, including the provision of legal advice, of warranted lawyers for appeal cases submitted by third country nationals before the International Protection Appeals Tribunal and Immigration Appeals Board.
The selected lawyers will be required to carry out the following tasks:
Selected lawyers will be paid at the rates indicated in the Terms of Reference.
To express your interest please send your CV and copy of legal warrant to legalaid.mhsr@gov.mt by not later than 21st May, 2023
TERMS OF REFERENCE
1. Contracting Authority
Ministry for Home Affairs, Security, Reforms and Equality (MHSR)
2. Relevant Background
Malta, due to its geographical location, in the past two decades, had to cope with a disproportionate influx of irregular migrants and asylum seekers when compared to the country’s small size and limited resources. Furthermore, while the number of irregular arrivals in the last couple of years has decreased, Malta remains constantly exposed to migratory pressure and the risk of a sudden increase in irregular arrivals by sea. In consequence, the International Protection Appeals Tribunal (IPAT) and the Immigration Appeals Board (IAB) deal with migration-related appeal cases for which free legal aid is provided by the Maltese Government in line with relevant legislation.
3. Scope of the Contract
To provide legal advice to migrants, as needed, at MHSR’s discretion.
To provide free legal aid to Third Country Nationals in terms of the International Protection Act (Chapter 420), the Dublin Regulation (EU) 604/2013, the Common Standards and Procedures for Returning Illegally Staying Third-Country Nationals Regulations (Subsidiary Legislation 217.12) and the Reception of Asylum Seekers Regulation (Subsidiary Legislation 420.06).
Legal aid lawyers must undertake to represent appellants to the best of their ability and submit an appeal on their behalf to the relevant board such as the Immigration Appeals Board, International Protection Appeals Tribunal (IPAT) and any other pertinent Board as prescribed by law. Appellants are third country nationals who received a negative decision to their asylum application and age assessment application as well as third country nationals who have been issued with a detention order, a removal order or a decision for a transfer to another EU member-state under the Dublin Regulation. Appellants shall be referred to the lawyers by the MHSR. Lawyers will be expected to meet the third country national either at the premises of the Agency for the Welfare of Asylum Seekers, at detention centres, IPAT, IAB, MHSR or any other pertinent place, prepare the appeal case, submit it to the respective Board and attend hearings whereby he/she would be expected to represent the third country national to the best of his/her ability. This undertaking is to start as soon as practicable following the assignment of the case by the MHSR in order to respect the timeframes for appeals.
Therefore, in order to represent such appellants the lawyers shall:
Collect necessary documentation from MHSR, International Protection Agency, AWAS and any other relevant entity.
Meet third country nationals at detention centres, the Agency for the Welfare of Asylum Seekers, IPAT, IAB, MHSR or any other pertinent place.
Attend hearings before IAB and IPAT.
Submit appeal documents to the Immigration Appeals Board and International Protection Appeals Tribunal by the respective deadline.
Follow up assigned appeal cases as required.
4. Geographical Area to be covered
The place of provision of the service shall be various, including locations related to MHSR, IPAT, IAB, , Detention Centres, International Protection Agency, Agency for the Welfare of Asylum Seekers and any other pertinent place as needed.
5. Specific Activities
5.1 Assignment of duties and responsibilities in Asylum appeal cases – International Protection Appeals Tribunal
To provide, in terms of the International Protection Act (Chapter 420), such legal assistance as formally requested by an asylum seeker whose claim for asylum has been rejected at the first instance.
To examine the grounds of appeal and present, in writing, the appellant’s case before the International Protection Appeals Tribunal, established for this purpose.
To attend, if required, sessions of the International Protection Appeals Tribunal to explain case submissions and provide other general assistance to appellants during their appeal.
To carry out administrative work related to the preparation and presentation of the cases as well as in relation to the overall management of the caseload assigned by MHSR;
Report on the outcomes of interviews held with appellants and bring to MHSR’s attention any pertinent matters which may arise.
The legal aid lawyer should submit the appeal as soon as possible after the appellant is interviewed and by no later than 15 days from the issuance of the negative decision issued by the International Protection Agency.
The payment fee in the case of asylum appeals is 100 euro (inc. VAT) per case submission. Invoice is to be submitted once appeal documents are submitted to the IPAT.
Failure to carry out any of the above duties might lead to MHSR terminating the contract.
5.2 Assignment of duties and responsibilities in Dublin transfer cases – International Protection Appeals Tribunal
To provide, in terms of Article 28(6) of the Dublin Regulation (EU) 604/2013, such legal assistance as formally requested by an asylum seeker whose claim for asylum has been rejected by the International Protection Agency as per Dublin criteria.
To examine the grounds of appeal and present, in writing, the appellant’s case before the International Protection Appeals Tribunal established for this purpose.
To attend, if required, sessions of the International Protection Appeals Tribunal to explain case submissions and provide other general assistance to appellants during their appeal.
To carry out administrative work related to the preparation and presentation of the cases as well as in relation to the overall management of the caseload assigned by MHSR.
Report on the outcomes of interviews held with appellants and bring to MHSR’s attention any pertinent matters which may arise.
The legal aid lawyer should submit the appeal as soon as possible after the appellant is interviewed and by no later than 15 days from the issuance of the negative decision issued by the International Protection Agency.
The payment fee in the case of Dublin appeals is 80 euro (inc. VAT) per case submission. Invoice is to be submitted once appeal documents are submitted to the International Protection Appeals Tribunal.
Failure to carry out any of the above duties might lead to MHSR terminating the contract.
5.3 Assignment of duties and responsibilities in Detention cases – Immigration Appeals Board
To provide, in terms of the Reception of Asylum Seekers Regulations (Subsidiary Legislation 420.06), legal assistance and representation entailing preparation of procedural documents and participation in any hearing before the Immigration Appeals Board.
To examine the grounds of appeal and present, in writing, the appellant’s case before the Immigration Appeals Board.
To attend, if required, sessions of the Immigration Appeals Board to explain case submissions and provide other general assistance to appellants during their appeal.
To carry out administrative work related to the preparation and presentation of the cases as well as in relation to the overall management of the caseload assigned by MHSR.
To report on the outcomes of interviews held with appellants and bring to MHSR’s attention any pertinent matters which may arise.
Appointment of legal aid and first hearing shall be carried out within 7 days of the issuance of detention order.
The payment fee in the case of detention appeals is 40 euro (inc. VAT) per case submission. Invoice is to be submitted once appeal documents are submitted to the Immigration Appeals Board.
Failure to carry out any of the above duties might lead to MHSR terminating the contract.
5.4 Assignment of duties and responsibilities in Removal procedures – Immigration Appeals Board
To provide, in terms of the Common Standards and Procedures for Returning Illegally Staying Third-Country Nationals Regulations (Subsidiary Legislation 217.12), legal assistance and representation entailing preparation of procedural documents and participation in any hearing before the Immigration Appeals Board.
To examine the grounds of appeal and present, in writing, the appellant’s case before the Immigration Appeals Board.
To attend, if required, to sessions of the Immigration Appeals Board to explain case submissions and provide other general assistance to respondents during their appeal.
To carry out administrative work related to the preparation and presentation of the cases as well as in relation to the overall management of the caseload indicated by MHSR.
To report on the outcomes of interviews held with appellants and bring to MHSR’s attention any pertinent matters which may arise.
Appointment of legal aid and first hearing shall be carried out as soon as possible following the issuance of a removal order.
The payment fee in removal appeals is 80 euro (inc. VAT) per case submission. Invoice is to be submitted once appeal documents are submitted to the Immigration Appeals Board.
Failure to carry out any of the above duties might lead to MHSR terminating the contract.
5.5 Assignment of duties and responsibilities in Age Assessment cases, Immigration Appeals Board
To provide, in terms of Regulation 16(1) of the Reception of Asylum Seekers Regulation (Subsidiary Legislation 420.06), legal assistance and representation entailing preparation of procedural documents and participation in any hearing before the Immigration Appeals Board. Appeals related to age assessment to the Immigration Appeals Board must be submitted within 3 working days from the age assessment decision.
To examine the grounds of appeal and present, in writing, the appellant’s case before the Immigration Appeals Board.
To attend, if required, to sessions of the Immigration Appeals Board to explain case submissions and provide other general assistance to respondents during their appeal.
To carry out administrative work related to the preparation and presentation of the cases as well as in relation to the overall management of the caseload indicated by MHSR.
To report on the outcomes of interviews held with appellants and bring to MHSR’s attention any pertinent matters which may arise.
The payment fee in age assessment appeals is 80 euro (inc. VAT) per case submission. Invoice is to be submitted once appeal documents are submitted to the Immigration Appeals Board.
Failure to carry out any of the above duties might lead to MHSR terminating the contract.
5.6 Assignment of duties and responsibilities related to the provision of other legal aid services on migration
To provide, as required, legal aid services related to migration, other than those specified in Articles 5.1, 5.2, 5.3, 5.4 and 5.5.
To report on the outcomes of sessions held with migrants and bring to MHSR’s attention any pertinent matters which may arise.
The payment fee is 40 euro (inc. VAT) per session. Invoice is to be submitted at the end of each session.
Failure to carry out any of the above duties might lead to MHSR terminating the contract.
6. Selection Criteria
In order to be considered eligible for the award of the contract, bidders must submit a copy of their CV and legal warrant.
7. Award Criteria
A contract will be awarded to the first 15 bidders who submit their bid by the set deadline and who satisfy the administrative and technical criteria. MHSR reserves the right to award a contract to the remaining bidders should the need arise.
8. Financial Terms
This is a fee-based service contract. Lawyers will be paid:
Asylum Appeals: 100 euro (inc. VAT) for every appeal submission.
Dublin Appeals: 80 euro (inc. VAT) for every appeal submission.
Age Assessment: 80 euro (inc. VAT) for every appeal submission.
Detention: 40 euro (inc. VAT) per case.
Removal: 80 euro (inc. VAT) per case.
Other legal services: 40 euro (inc. VAT) per session.
The Contracting Authority shall pay the lawyer sums due of complete cases which are to be invoiced on a monthly basis.
The appointed lawyers are bound to submit an original invoice on a monthly basis for appeal cases together with a proof of submission and an attendance sheet, signed both by the lawyer and the appellant.
The lawyer shall not ask for payment from appellants.
9. Contractual Conditions
Lawyers shall attend any required training and information sessions during the duration of the contract. Training may be provided by relevant institutions such as EUAA.
Should any lawyer appointed as Legal Aid request payment from appellants, the contractor shall replace the lawyer/expert and terminate his service.
In justified circumstances, cases which had been assigned to a legal aid lawyer may be re-assigned to other lawyers within the legal aid pool. In this respect a legal aid lawyer may be required to pass on any material obtained or compiled of a particular case to the newly assigned legal aid lawyer representing the appellant.
Although the Ministry will strive to ensure that cases are distributed evenly and fairly by asking for lawyers’ availability on a regular basis, priority will always be for appellants to have immediate access to legal aid. Therefore, in cases of lawyers who will be unavailable, these would forego their turn but will be reconsidered at the next available opportunity.
10. Execution of the Contract
This contract is to commence as soon as the contract is signed between the two parties.
The contract is for a period of two (2) years which may be extended by further two (2) periods of six (6) months each.
11. Assumptions Underlying the Project Intervention
The higher the number of asylum applications the higher the number of assigned appeal cases to legal aid lawyers. Therefore, in the case of a migratory influx, legal aid lawyers shall cater for a larger case load.
An interpreter will be provided and paid by the Contracting Authority in case of language communication difficulty.
12. Risks
At any point in time, appellants may decide to opt for a private lawyer.
13. Management Structure
Legal aid lawyers should refer to the Office of the Permanent Secretary within the MHSR.
14. Reporting Requirements
Appeal documents which are to be submitted to the IPAT, IAB or other pertinent Board.
Attendance sheet for each appeal.
