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MALTATODAY 20 JULY 2025

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10 maltatoday | SUNDAY • 20 JULY 2025 NEWS Immigration board red flag raised in 2024 by human rights court Immigration Appeals Board that is leaving migrant workers in limbo was singled out for its failures by the European Court of Human Rights EVERY year, the fate of thousands of migrant workers depends on the Immi- gration Appeals Board as they contest work permit terminations. MaltaToday has recently shone a light on the situation of migrant workers, who end up in a state of limbo while their appeal is being heard. The situa- tion most often leads to abuse of work- ers' rights by unscrupulous employers. But the very same board deciding their fate had been flagged for a number of failures by the European Court of Hu- man Rights (ECHR). The Immigration Appeals Board (IAB) and its shortcomings were noted by the ECHR in a 2024 judgment concerning the detention of six Bangladeshi mi- grants rescued at sea who were repre- sented by the Aditus Foundation, a hu- man rights organisation. The IAB also hears appeals of rejected asylum seekers. Among its findings, the ECHR noted that the board lacks a transparent ap- pointment procedure and criteria for its members with the home affairs minister having wide discretion over the choice of its members. The ECHR also noted the IAB's lack of guarantees against external pres- sure. The members' short, three-year mandates, their eligibility for re-ap- pointment, and their appointment to multiple other government bodies— constituting a "substantial financial in- terest"—depended on the satisfaction of the government's executive branch. The ECHR also called out the Maltese government for failing to disprove the appearance that the IAB is not inde- pendent. The Aditus Foundation point- ed to links between IAB members and political parties. Aditus also raised the point that board members would resign come the gen- eral election so that the new executive could decide on its composition. In the circumstances, the ECHR found that appointments to the IAB were merely political. This was made clearer by the fact that there are few requirements for one to become a board member. Specifically, the chairperson must have a law de- gree, another member must be "versed in immigration matters," while another member has no requirements at all. In its ruling, the court ordered Malta to address the board's failures. Last June, MaltaToday reported that the IAB had processed almost 14,000 appeals from third-country nationals, out of which 50.8% were rejected and 30.3% were withdrawn. Another 4,982 workers are currently awaiting a decision by the board, de- scribed as "limbo" and "a well of knives" by people who work closely with third country nationals. MATTHEW FARRUGIA mfarrugia@mediatoday.com.mt European Court of Human Rights Garden of Eden wedding hall to be replaced by 14 bungalows PLANS have been filed to de- molish the Garden of Eden wed- ding hall in the pictoresque area of Wied Babu in Żurrieq and replace it with 14 single-storey bungalows. The plans, submitted by Bal- dacchino Holdings Ltd, also include a reception and a new parking area. The proposed bungalows will occupy a total footprint of 1,562sq.m, with paved are- as—including pools—covering a further 2,094sq.m. An addi- tional 1,778sq.m will be dedi- cated to soft landscaping. The current built-up foot- print, comprising the wed- ding hall and other structures, amounts to 1,661sq.m. The proposal foresees the construction of six smaller bungalows of 63sq.m each that include an outdoor terrace, and eight larger bungalows of approximately 140sq.m, each with a larger terrace and pool area ranging between 65sq.m and 85sq.m. The company was granted an outline permit setting the de- velopment parameters in 2023. The latest application broadly complies with the conditions of that permit, but includes two additional bungalows beyond the 12 originally approved. These were added mainly due to a reconfiguration in the size of the individual units. The outline permit had also tied the bungalow develop- ment to the reinstatement of an illegal car park opposite the Garden of Eden site, requiring its return to its original garigue state. This defied the Environment and Resources Authority's in- sistence that the restoration of the car park land should take place before the approval of the bungalow project. The original permit for the wedding hall was never traced, except for a permit for a boundary wall issued to Joseph Baldacchino in October 1988, and a trading licence for "an open-air disco" issued by the Works Department in 1989. JAMES DEBONO jdebono@mediatoday.com.mt The proposed plans for the Garden of Eden wedding hall site

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