An analysis of the legal challenges faced by LGBTIQ+ asylum seekers in Malta

Abstract

Over the course of the last two decades, Malta has become increasingly accustomed to fluctuating numbers of migrants. However, individuals who arrive in Malta via irregular migration channels frequently encounter significant obstacles in accessing their rights and protections under the Maltese legal framework. This dissertation examines the legal challenges faced by LGBTIQ+ asylum seekers in Malta, taking into consideration also sociological and bureaucratic aspects which further compound these obstacles. Despite Malta's accession to the 1951 United Nations Convention and its 1967 Protocols, Maltese institutions have often been subject to scrutiny by civil society, local non-governmental organisations, and international bodies for their failure to implement international laws that grant protection to asylum seekers and refugees. Concurrently, as migration has become more salient within the Maltese public consciousness, several legislative initiatives in recent years have advanced the rights of LGBTIQ+ individualsin Malta. Consequently, the dissertation examines how the Maltese legal framework that affects the domestic LGBTIQ+ population also impacts individuals whose sexual orientation or gender identity intersects with their migration status as LGBTIQ+ asylum seekers in Malta.