ACT No. XXXVI of 2015 AN ACT to amend the Immigration Act, Cap. 217, and to make provision with respect to matters ancillary thereto or connected therewith.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

4th December, 2015

ACT No. XXXVI of 2015

AN ACT to amend the Immigration Act, Cap. 217, and to make

provision with respect to matters ancillary thereto or connected

therewith.

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, 2015, and this Act shall be read and construed as

one with the Immigration Act, hereinafter in this Act referred to as

"the principal Act".

(2) 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 principal Act.

Article 2 of the principal Act shall be amended as follows

(a) the definition "removal order" shall be substituted by the

following

" "removal order" means an order enforcing the

return decision or an order made in relation to the

restriction of the free movement of a Union citizen and

his family members as provided for in the Free

Movement of European Union Nationals and their

Family Members Order;";

(b) immediately after the definition "residence permit" there

shall be added the following new definition

" "return decision" means a decision issued by the

Principal Immigration Officer, stating or declaring the stay of a

third country national to be illegal and imposing or stating an

obligation to return;"; and

(c) immediately after the definition "Schengen acquis" there

shall be added the following new definition

" "third-country national" means any person who is not a

national of the European Union within the meaning of Article

20(1) of the Treaty on the Functioning of the European Union

and who is not a person enjoying the Community right of free

movement, as defined in Article 2(5) of Regulation (EC) No

562/2006 establishing a Community Code on the rules

governing the movement of persons across borders (Schengen

Borders Code);".

Article 14 of the principal Act shall be amended as Amendment of

article 14 of the

follows

principal Act.

(a) in sub-article (1) thereof for the words "to be liable

to removal as a prohibited immigrant under any of the

provisions of article 5, the said Officer may issue a removal

order against such person who shall have a right to appeal

against such order in accordance with the provisions of article

25A:" there shall be substituted the words "to be liable to return

as a prohibited immigrant under any of the provisions of article

5, the said Officer may issue a return decision against such

person who shall have a right to appeal against such decision in

accordance with the provisions of article 25A.";

(b)

the proviso to sub-article (1) thereof shall be

deleted;

(c) sub-article (2) thereof, including the proviso thereto

(2), shall be substituted by the following

"(2) If such a return decision is accompanied

by a removal order, such person against whom such

order is made, may be detained in custody until he

is removed from Malta

Provided that if the person in respect of

whom a return decision and a removal order has

been made is subject to criminal proceedings for a

crime punishable with imprisonment or is serving a

sentence of imprisonment, the Minister may give

such directions as to whether the whole or part of

the sentence is to be served before the return of

such person from Malta, and in default of such

directions, such person shall be removed after

completion of the sentence, without prejudice to

the provisions of any other law.";

(d) in sub-article (4) thereof the words "may be party."

shall be substituted by the words "may be party:" and

immediately thereafter there shall be added the following new

"Provided that, following the issue of a

removal order by the Principal Immigration Officer

in accordance with the provisions of this article, to

any person considered as a prohibited immigrant

under any of the provisions of article 5, if such

person files an application for asylum in terms of

the Refugees Act, all the effects of the removal

order shall be suspended pending the final

determination of the asylum application. Following

the final rejection of the asylum application, the

removal order along with its effects shall again

come into force

Provided that, notwithstanding that the effects

of the removal order are suspended pending the

final determination of the asylum application, the

detention of such person shall continue until a final

decision on detention is reached in terms of the

regulations issued under the Refugees Act

Provided further that, whenever a prohibited

immigrant has filled an application for asylum, the

Principal Immigration Officer shall not be required

to issue a return decision or a removal order.";

(e) in sub-article (6) thereof for the word "expulsion"

there shall be substituted the word "return";

(f)

in sub-article (7) thereof for the word "expulsion"

there shall be substituted the word "return" and immediately

thereafter there shall be added the following new sub-articles

"(8) The Principal Immigration Officer

shall not execute any return decision or removal

order if appeals proceedings before the

Immigration Appeals Board are pending;

(9) (a) The Principal Immigration

Officer shall issue a removal order and execute

such order in respect of a Union citizen and his

family members, when such person is being

removed from Malta in accordance with the

relative provisions of the Free Movement of

European Union Nationals and their Family

Members Order.

(b) Such person shall be detained in

accordance with the provisions of such Order, if

he would not have left Malta within the time limit

specified by such Order and if an appeal has not

been made in accordance with the provisions of

this Act and the said Order.".

In article 17 of the principal Act the words "no removal Amendment of

order shall be obstructed nor shall the implementation of any such article

principal Act.

order be delayed by means of any warrant issued under the Code of

Organization and Civil Procedure." shall be substituted by the words

"no return decision or removal order shall be obstructed nor shall the

implementation of any such return decision or removal order be

delayed by means of any warrant issued under the Code of

Organization and Civil Procedure:" and immediately thereafter there

shall be added the following new proviso

"Provided that article 17 shall not apply to orders issued by

the Constitutional Court.".

In article 19 of the principal Act for the words "removal Amendment of

order" there shall be substituted the words "return decision and article

principal Act.

removal order".

Article 24 of the principal Act shall be substituted by the Amendment of

article 24 of the

following

principal Act.

" 24. If any person who has been removed from Malta

following a return decision, or a return decision and a removal

order or following a deportation order, or a removal order in the

case of a Union citizen or his family member, whose right of

free movement has been restricted, at any time seeks leave to

land or leave to land and remain in Malta or if he seeks to obtain

a residence permit, he shall expressly declare in writing to the

Principal Immigration Officer such circumstance. If he fails to

do so, any such leave or any residence permit granted to him

shall be null and void and he shall, moreover, by reason only of

such omission and without prejudice to the issue or a return

decision or a deportation order under this Act, be guilty of an

offence and liable, on conviction by the Court of Magistrates, to

a fine (multa) not exceeding one thousand and one hundred and

sixty-five euro (1,165) or to imprisonment for a term not

exceeding six months or to both such fine and imprisonment.".

Article 25A of the principal Act shall be amended as

follows

(a) in sub-article (9) thereof for the word "deportation"

there shall be substituted the words "deportation order" and for

the words "removal order" there shall be substituted the words

"return decision and removal order";

(b) sub-article (10) thereof shall be substituted by the

following

"(10) The Board shall grant release from

custody where the detention of a person is, taking

into account all the circumstances of the case, not

required or no longer required for the reasons set

out in this Act or subsidiary legislation under this

Act or under the Refugees Act, or where, in the

case of a person detained with a view to being

returned, there is no reasonable prospect of return

within a reasonable time-frame."; and

(c) paragraph (a) of sub-article (11) thereof shall be

deleted and paragraphs (b) and (c) thereof shall be renumbered

as paragraphs (a) and (b) respectively.

Article 28 of the principal Act shall be renumbered as

article 28(1) and immediately thereafter there shall be added the

following new sub-article (2)

"(2) The Principal Immigration Officer or any Authority

responsible for the function related to the issue of visas or

residence permits may require that personal data including

fingerprints be provided.".

Article 32 of the principal Act shall be amended as Amendment of

article 32 of the

follows

principal Act.

(a) in sub-article (1) thereof for the words "unless a

greater punishment is established for such offence by another

law." there shall be substituted the words "unless a greater

punishment is established for such offence by another law:" and

immediately thereafter there shall be added the following new

proviso

"Provided that the Principal Immigration

Police may decide not to institute proceedings on

any person who aids or assists any other person in

any immediate situation of danger to land or

attempt to land or transit through Malta, when such

acts have been committed with a view to providing

humanitarian assistance."; and

(b) sub-article (2) thereof shall be deleted and sub-

article (3) shall be renumbered as sub-article (2).

In sub-paragraph (b) of article 33 of the principal Act Amendment of

immediately after the words "removal order" there shall be added the article

principal Act.

words "or return decision".

Article 36 of the principal Act shall be amended as Amendment of

article 36 of the

follows

principal Act.

(a) in sub-article (1) thereof for the words "two

thousand and five hundred euro (€2,500)" there shall be

substituted the words "five thousand euro (€5,000)" and for the

words "3 months" there shall be substituted the words "6

months."; and

(b) in sub-article (2) thereof, immediately after

paragraph (c), there shall be added the following new

paragraphs

"(d) the standards and procedures for

returning illegally staying third-country nationals;

(e) the better implementation

of

the

provisions of this Act.".

Passed by the House of Representatives at Sitting No. 332 of the

25th November, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.72