Sejħa għal Servizzi ta' Għajnuna Legali

The Ministry for Home Affairs, Security and Employment (MHSE) is seeking to engage warranted lawyers to provide legal assistance in appeal cases lodged by third-country nationals before the International Protection Appeals Tribunal and the Immigration Appeals Board

TERMS OF REFERENCE

1. Contracting Authority

Ministry for Home Affairs, Security, and Employment (MHSE)

2. Background

Due to its small size, high population density, and strategic geographical location, Malta remains particularly vulnerable to sudden and large-scale arrivals of irregular migrants from North Africa. The International Protection Appeals Tribunal (IPAT) and the Immigration Appeals Board (IAB) continue to handle a substantial volume of asylum and migration appeals, in accordance with the International Protection Act and the Immigration Act. In this context, the Government of Malta provides free legal aid to appellants, in line with national and European Union legislation.

3. Scope

The objective is to provide free legal assistance to third-country nationals in accordance with:

• The International Protection Act (Chapter 420);
• The Immigration Act (Chapter 217);
• The Dublin Regulation (EU) No. 604/2013;
• The Common Standards and Procedures for Returning Illegally Staying Third-Country Nationals Regulations (S.L. 217.12);
• The Reception of Asylum Seekers Regulations (S.L. 420.06).

As from June 2026, new legal provisions under the Pact on Migration adopted in 2024 will come into force. In certain appeal cases, the legal aid service shall be provided in shorter timeframes. Particular attention is to be provided to the Reception Conditions Directive (Recast), Regulation on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013 and the Regulation establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU. Relevant national legislation is also currently being amended accordingly.

Appointed legal aid lawyers shall represent appellants before IPAT, IAB, or any other board prescribed by law, following assignment by MHSE. Appellants include those:

• With rejected asylum or age assessment applications;
• Subject to detention or removal orders;
• Facing transfers under the Dublin Regulation.

Legal aid lawyers shall:

• Collect and review necessary documentation from MHSE, IPA, AWAS, and other relevant entities;
• Meet clients at designated locations;
• Attend hearings before relevant tribunals/boards;
• Submit appeals within legal deadlines;
• Follow up on assigned cases as required.

4. Geographical Coverage

Services shall be rendered at various locations, including MHSE, IPAT, IAB, Detention Centres, IPA, AWAS, and other relevant venues.

5. Specific Activities

5.1 Asylum Appeal Cases (IPAT) [to included appeals against a return decision a from June 2026]*

• Provide legal assistance for appeals under the International Protection Act;
• Prepare and present written submissions to IPAT;
• Attend IPAT hearings, as necessary;
• Report outcomes and raise relevant issues with MHSE.

Timeline: Appeal to be submitted within 15 calendar days of the negative IPA decision.
Fee: €130 (incl. VAT) per case.

*As from June 2026, the International Protection Appeals Tribunal (IPAT) will begin hearing appeals on negative asylum decisions issued by the IPA and return decisions issued by the Principal Immigration Officer (PIO) in parallel. Same fee per case i.e. €130 (incl. VAT) will apply.

5.2 Dublin Transfer Appeals (IPAT)

• Provide legal assistance under the Dublin Regulation;
• Prepare and present written submissions to IPAT within 15 calendar days of IPA decision;
• Attend hearings, as needed.
• Report outcomes and raise relevant issues with MHSE.

Fee: €100 (incl. VAT) per case.

5.3 Detention Cases (IAB)

• Provide legal assistance under S.L. 420.06;
• Prepare and present written submissions following the issuance of removal orders, as requested by the Board;
• Attend IAB sessions, as needed.
• Case to be initiated within 7 working days of the issuance of the detention order by the Police Immigration Branch.
• Report outcomes and raise relevant issues with MHSE.

Fee: €50 (incl. VAT) per case.

5.4 Removal Cases (IAB)

• Provide legal assistance under S.L. 217.12;
• Prepare and present written submissions following the issuance of removal orders, as requested by the Board;
• Attend IAB sessions, as needed.
• Case to be initiated with immediate effect following the issuance of the removal order by the Police Immigration Branch.
• Report outcomes and raise relevant issues with MHSE.

Fee: €100 (incl. VAT) per case.

5.5 Age Assessment Appeals (IAB)

• Provide legal assistance under Regulation 16(1) of S.L. 420.06;
• Prepare and present written submission to the IAB;
• Attend IAB hearings, as needed.
• Report outcomes and raise relevant issues with MHSE.

Fee: €100 (incl. VAT) per case.

5.6 General Legal Aid Services

• 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 of these ToRs.
• 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.

6. Selection Criteria

Applicants must submit a valid legal warrant and CV for eligibility.

7. Award Criteria

All eligible applicants expressing interest within the established deadline will be awarded a contract.

8. Financial Terms

This is a fee-based contract:

Invoices must be submitted monthly along with signed attendance sheets. No payments are to be requested from appellants.

9. Contractual Conditions

• Lawyers must attend all training and briefing sessions;
• Requesting payment from appellants will result in immediate termination;
• MHSE reserves the right to reassign cases and transfer case materials as necessary;
• While MHSE strives for fair distribution of cases, appellant access to legal aid remains the top priority;
• Failure to perform assigned duties will result in termination of the contract by MHSE.

10. Contract Execution

The contract will commence upon signature and will be valid for two (2) years, with the possibility of two (2) extensions of six (6) months each.

11. Operational Assumptions

In the event of increased migration flows, legal aid lawyers are expected to manage a higher caseload. Interpreters will be provided when necessary.

12. Risks

Appellants may choose private legal representation or withdraw their appeals at any stage.

13. Management Structure

Legal aid lawyers shall coordinate directly with the Migration Directorate at the Office of the Permanent Secretary within MHSE.

14. Reporting Requirements

• Appeal documents submitted to IPAT, IAB, or relevant Boards;
• Attendance sheets signed by both lawyer and appellant.

15. EU Funding Element

This service may be funded from the Asylum, Migration and Integration Fund 2021-2027.

16. Submission of Interest

Interested candidates are invited to submit their CV and a copy of their legal warrant to [email protected] by 9^th June 2025 at noon.