“Indeed, it should be noted that there have been cases of nationals of safe countries of origin who have been granted international protection in Malta due to their sexual orientation or gender identity,” the IPA said.

Applications lodged by persons coming from a safe country of origin are also processed under an accelerated procedure in accordance with the law.

All procedural guarantees are applied in the same manner, including a personal interview and a full and thorough assessment of the protection needs claimed by the applicant.

The IPA has also adopted the Internal Guidelines on procedures and the assessment of sexual orientation and/or gender identity claims in order to ensure the maximum level of protection for LGBTIQ+ asylum seekers, according to EU policy.

“Asylum seekers originating from safe countries of origin are granted international protection if it is established that they have a well-founded fear of persecution or a real risk of suffering serious harm upon return,” the IPA said.

“The International Protection Agency wishes to reaffirm its commitment to ensuring a swift, fair and efficient asylum procedure wherein persons who are eligible for international protection, regardless of their country of origin, are duly recognized as such, while persons who are not in need of international protection are channelled to the return procedure without prejudice to any appeal proceedings.”

Still, Aditus is arguing that certain countries should not be considered safe under Maltese law given their treatment of LGBTIQ+ persons. The bill has been presented to Parliamentary Secretary for Reforms and Equality Rebecca Buttigieg as part of Malta Pride 2022.

Should a bill be introduced?