ACT No. XVIII of 2009 AN ACT to amend the Immigration Act (Cap. 217).

I assent.

G EORGE A BELA

(L.S.)

President

27th November, 2009

ACT No. XVIII of 2009

AN ACT to amend the Immigration Act (Cap. 217).

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Immigration

(Amendment) Act, 2009, and this Act shall be read and construed as

one with the Immigration Act, hereinafter referred to as "the principal

Act".

(2) The provisions of this Act shall come into force on such a

date as the Minister responsible for immigration may by notice in the

Gazette establish, and different dates may be so established for

different provisions or different purposes of this Act.

Immediately after article 22 of the principal Act there shall

be added the following new article

" Mutual

(1) The Principal Immigration

recognition of

Officer shall recognise a decision of

expulsion

expulsion issued by another Member State in

orders.

line with the provisions of Directive 2001/

40/EC of the 28th May 2001 on the Mutual

Recognition of Decisions on the Expulsion of

Third Country Nationals and take the

necessary measures to enforce such decision.

(2) The provisions of this article shall

apply to decisions of expulsion, which have

not been rescinded by the issuing Member

State, in relation to

(a)

a third country national,

whose expulsion is based on a serious

and present threat to public order or to

national security and safety, taken in

the following cases

(i) a conviction in the

issuing Member State for an

offence punishable by a penalty

involving deprivation of liberty of

at least one year;

(ii) the existence of

serious grounds for believing that

the third country national has

committed

serious

criminal

offences or the existence of solid

evidence of his intention to

commit such offences within the

territory of a Member State;

(b) a third country national who

is the subject of an expulsion decision

based on failure to comply with

national rules on the entry or residence

of aliens.

(3) The provision of this article shall

not apply to family members of persons who

have exercised their right of free movement

in accordance with the provisions of

European Union and Maltese legislation.

(4) A third country national in whose

regard a decision of expulsion has been

issued as provided in sub-article (2) may be

taken into custody without warrant by the

Principal Immigration Officer or by any

Police officer and while he is so kept in

custody he shall be deemed to be in legal

custody.

(5) No expulsion decision issued by the

Principal Immigration Officer or by the

competent administrative authority of a

Member State shall be obstructed by means

of any warrant issued under the Code of

Organization and Civil Procedure.

(6) The provisions of articles 14 and

25A shall apply to expulsion orders and the

enforcement of expulsion orders taken

against third country nationals.".

Passed by the House of Representatives at Sitting No. 170 of the

24th November, 2009.

L OUIS G ALEA

Speaker

P AULINE A BELA

Clerk to the House of Representatives