ACT No. XL of 2020 AN ACT to amend the Refugees Act, Cap. 420.

I assent.

(L.S.)

GEORGE VELLA

President

7th August, 2020

ACT No. XL of 2020

AN ACT to amend the Refugees Act, Cap. 420.

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:-

The short title of this Act is the Refugees (Amendment) Act,

2020. PART I

Amendments to the Refugees Act

This Part amends the Refugees Act and it shall be read and

construed as one with the Refugees Act, hereinafter in this Part

referred to as "the principal Act".

In article 1 of the principal Act, the word "Refugees" shall be

substituted by the words "International Protection".

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a) in the definition "applicant", the words "taken by the

Commissioner or the Refugees Appeals Board" shall be

substituted by the words "taken by the International Protection

Agency or the International Protection Appeals Tribunal";

(b) the definition "the Board" shall be deleted;

(c)

the definition "the Commissioner" shall be deleted;

(d) immediately after the definition "beneficiary of

international protection" there shall be added the following new

definition

" "the Chief Executive Officer" means the same as

the meaning given to it by article 4 and includes, to the

extent and authority given, any other person temporarily

authorised on that behalf by the Minister;";

(e) the definition "determining authority" shall be

substituted by the following new definition

" "determining authority" means the International

Protection Agency;";

(f) the definition "manifestly unfounded application"

shall be substituted by the following new definition

" "manifestly unfounded" application means an

application in relation to which

(a) the applicant, in submitting his

application and presenting the facts, has only raised

issues that are not relevant to the examination of

whether he qualifies as a beneficiary of international

protection; or

(b) the applicant is from a safe country of

origin; or

(c) the applicant has misled the authorities by

presenting false information or documents or by

withholding relevant information or documents with

respect to his identity and/or nationality that could

have had a negative impact on the decision; or

(d)

it is likely that, in bad faith, the applicant

has destroyed or disposed of an identity or travel

document that would have helped establish his

identity or nationality; or

(e) the applicant has made clearly

inconsistent and contradictory, clearly false or

obviously improbable

representations which

contradict sufficiently verified country-of-origin

information, thus making his claim clearly

unconvincing in relation to whether he qualifies as a

beneficiary of international protection; or

(f) the applicant has introduced a subsequent

application for international protection that is not

inadmissible in accordance with article 24(1)(e); or

(g) the applicant is making an application

merely in order to delay or frustrate the enforcement

of an earlier or imminent decision which would result

in his removal; or

(h) the applicant entered Malta unlawfully or

prolonged his stay unlawfully and, without good

reason, has either not presented himself to the

authorities or has not made an application for

international protection as soon as possible, given the

circumstances of his entry; or

(i) the applicant refuses to comply with an

obligation to have his fingerprints taken in

accordance with Regulation (EU) No. 603/2013 of

the European Parliament and of the Council of 26

June 2013 on the establishment of Eurodac for the

comparison of fingerprints for the effective

application of Regulation (EU) No. 604/2013

establishing the criteria and mechanisms for

determining the Member States responsible for

examining an application for international protection

lodged in one of the Member States by a third-

country national or a stateless person and on requests

for the comparison with Eurodac data by Member

States’ law enforcement authorities and Europol for

law enforcement purposes; or

(j) the applicant may, for serious reasons, be

considered a danger to national security or public

order, or the applicant has been forcibly expelled for

serious reasons of public security or public order

under national law.";

(g) immediately after the definition "subsidiary

protection status" there shall be added the following new

definition

" "the Tribunal" means the International Protection

Appeals Tribunal as established by article 5;"; and

(h) in the definition "withdrawal of international

protection", the words "the Commissioner" shall be substituted

by the words "the International Protection Agency".

The title of Part II of the principal Act shall be substituted by Amendment of

the title of Part

the words "Chief Executive Officer".

II of the

principal Act.

Article 4 of the principal Act shall be amended as follows

Amendment of

article 4 of the

principal Act.

(a) in the marginal note thereof, the words "Refugee

Commissioner" shall be substituted by the words "Chief

Executive Officer";

(b) in sub-article (1) thereof, the words "The

Commissioner" shall be substituted by the words "The Chief

Executive Officer";

(c) in sub-article (2) thereof, the words "The

Commissioner" shall be substituted by the words "The Chief

Executive Officer";

(d) in sub-article (3) thereof, the words "The

Commissioner" shall be substituted by the words "The Chief

Executive Officer";

(e) in sub-article (4) thereof, the words "the

Commissioner" wherever they occur shall be substituted by the

words "the Chief Executive Officer";

(f)

sub-article (5) thereof shall be amended as follows

(i) in paragraph (a) thereof, the words "such

number of Assistant Refugee Commissioners (hereinafter

referred to as Assistant Commissioners)" shall be

substituted by the words "a Deputy to the Chief Executive

Officer (hereinafter referred to as the Deputy)";

(ii)

in paragraph (b) thereof, the words "Assistant

Commissioners" shall be substituted by the word

"Deputy"; and

(iii) paragraph (c) thereof shall be substituted by

the following new paragraph

"(c) the Deputy shall under the general

direction of the Chief Executive Officer have such

functions and powers as are conferred on the Chief

Executive Officer by this Act, and are assigned to him

by the Chief Executive Officer, including the function

and power to examine applications for refugee status

and to administer the oath to any person, and any

reference in this Act, other than in this article, to the

Chief Executive Officer shall be deemed to include as

well a reference to the Deputy in the exercise of any

function assigned to him by the Chief Executive

Officer.".

Article 5 of the principal Act shall be substituted by the

following new article

" International

5. (1) The International Protection Appeals

Tribunal shall consist of one (1) chairperson on a full-time

basis and two (2) or more members on a part-time basis who

shall be appointed by the President acting on the advice of

the Prime Minister from amongst persons of known

integrity who appear to him to be qualified by reason of

having had experience of, and shown capacity in, matters

deemed appropriate for the purpose

Provided that at least one (1) of the members of

the Tribunal shall be a person who has practised as an

advocate in Malta for a period or periods amounting, in the

aggregate, to not less than seven (7) years

Provided further than one (1) of the members shall

be a person representing the disability sector.

(2) The President, acting on the advice of the Prime

Minister, may appoint more than one (1) chairperson to sit

on the Tribunal, but only one (1) chairperson shall sit in

any one case.

(3) The members of the Tribunal shall hold office for

a period of three (3) years, and shall be eligible for

reappointment.

(4) Persons appointed as members of the Tribunal

shall hold office until their successors are appointed.

(5) The Tribunal shall be composed of one (1) or more

chambers. Each chamber shall consist of a chairperson and

two (2) other members.

(6) The Tribunal shall be assisted by administrative

staff consisting of at least two(2) secretaries.".

Article 6 of the principal act shall be substituted by the Substitution of

article 6 of the

following new article

principal Act.

"6. A member of the Tribunal may only be removed from

office by the President acting on the advice of the Prime Minister

on grounds of gross negligence, incompetence, or acts,

omissions or conduct unbecoming a member of the Tribunal.".

Article 7 of the principal Act shall be amended as follows

Amendment of

article 7 of the

principal Act.

(a) sub-articles (4) to (6) thereof shall be renumbered as

sub-articles (3) to (5) respectively and sub-articles (7) to (10)

shall be renumbered as sub-articles (8) to (11) respectively;

(b) in sub-article (1) thereof, the words "The Board shall

have power to hear and determine appeals against a

recommendation of the Commissioner" shall be substituted by

the words "The Tribunal shall have power to hear and determine

appeals against a decision of the International Protection Agency";

(c)

sub-article (1A) thereof shall be amended as follows

(i) the words "may be permitted" shall be

substituted by the words "shall lie"; and

(ii) in sub-paragraph (ii) of paragraph (a) thereof,

the words "Refugees Appeals Board" shall be substituted

by the words "International Protection Appeals Tribunal";

(d) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) Appeals to the Tribunal shall be made within

fifteen (15) days from the notification on the applicant of

the decision of the International Protection Agency. A copy

of the appeal shall be served on the Chief Executive

Officer

Provided that the Tribunal may assume that the

applicant has implicitly withdrawn his application of

appeal when it is ascertained that

(a) he has failed to provide information

essential to his appeal unless the applicant

demonstrates, within a reasonable time, that his

failure was due to circumstances beyond his control;

(b) he has abandoned or left without

authorisation the place where he lived or was held,

without contacting the competent authorities within a

reasonable time or he has not, within thirty (30) days,

complied with reporting duties or other obligations to

communicate.";

(e)

sub-article (3) thereof shall be deleted;

(f) in sub-article (3) thereof, as renumbered, the words

"Refugees Appeals Board" shall be substituted by the words

"International Protection Appeals Tribunal";

(g) sub-article (5) thereof, as renumbered, shall be

substituted by the following new sub-article

"(5) The Tribunal may hold an oral hearing if it so

deems fit. Such oral hearings shall be held in camera, unless

the Tribunal authorizes such hearing to be public, after a

request by one of the parties, or if the Tribunal so deems

fit.";

(h) immediately after sub-article (5), as renumbered,

there shall be added the following sub-articles

"(6) The Tribunal shall require applicants to make

written submissions within not more than fifteen (15) days

following the submission of the appeal application. The

submission shall be made without prejudice to the

presentation of additional evidence, particularly

documentation that could not have been available when the

submission was made, in the course of the proceedings.

(7) Without prejudice to article 23, the Tribunal

shall ensure that each case is concluded within three (3)

months of the lodging the appeals application.

In cases involving complex issues of fact or law, the

time-limit set out in sub-article (1) may be prolonged by an

additional three (3) month period. This time limit may only

be further extended where exceptional circumstances make

it impossible for the Tribunal to decide on the appeal

within a total period of six (6) months.";

(i) in sub-article (8), as renumbered, the word "Board"

shall be substituted by the word "Tribunal";

(j)

sub-article (9), as renumbered, shall be substituted

by the following new sub-article

"(9) Subject to regulations made under article

25(1)(b), the Tribunal shall regulate its own procedure. The

Tribunal shall also through the Chairperson have the power

to administer an oath to any person appearing before it.";

(k) in sub-article (10), as renumbered, the word "Board"

shall be substituted by the word "Tribunal"; and

(l) in sub-article (11), as renumbered, the word "Board"

shall be substituted by the word "Tribunal" and the words "the

Commissioner" shall be substituted by the words "the

International Protection Agency".

Article 7A of the principal Act shall be amended as follows

Amendment of

article 7A of the

principal Act.

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

Commissioner for Refugees" shall be substituted by the words

"the International Protection Agency"; and

(b) in sub-article (8) thereof, the words "the Refugee

Commissioner" shall be substituted by the words "the

International Protection Agency".

In sub-article (1) of article 8 of the principal Act, the words Amendment of

"the Commissioner" shall be substituted by the words "the article

principal Act.

International Protection Agency".

Sub-article (2) of article 9 of the principal Act shall be Amendment of

article 9 of the

substituted by the following new sub-article

principal Act.

"(2) A person who is notified that he has ceased to

possess refugee status shall be entitled to appeal against such

decision to the Tribunal within fifteen (15) days of such

notification and the provisions of article 7 shall mutatis mutandis

apply to such appeal. The decision of the Tribunal shall be

final.".

Article 10 of the principal Act shall be substituted by the Substitution of

article 10 of the

principal Act.

following new article

10. (1) The International Protection Agency shall

revoke, end or refuse to renew the refugee status of a third-

country national or a stateless person, if he has ceased to

renew refugee

be a refugee in accordance with article 9.

(2) Without prejudice to the duty of the refugee to

disclose all facts and provide all relevant documentation at

his disposal, the International Protection Agency shall be

entitled to demonstrate that the person concerned has

ceased to be or has never been a refugee in accordance

with sub-article (1) of this article.

(3) The International Protection Agency shall revoke,

end or refuse to renew the refugee status of a third-country

national or stateless person if, after he has been granted

refugee status, it is established that

(a) he should have been or is excluded from

being a refugee in accordance with article 12;

(b) his misrepresentation or omission of

facts, including the use of false documents, was

decisive for the granting of refugee status.

(4) The International Protection Agency may revoke,

end or refuse to renew the status granted to a refugee

when

(a) there are reasonable grounds for

regarding him as a danger to national security;

(b) he, having been convicted by a final

judgement of a particularly serious crime,

constitutes a danger to the community.

(5) A person whose refugee status is being

reconsidered shall be informed in writing that his

qualification for refugee status is being reconsidered, is

given reasons for such reconsideration and is given the

opportunity to submit, in a personal interview or in a

written statement, his reasons as to why his refugee status

should not be withdrawn.

(6) A person, in whose regard the International

Protection Agency has revoked or refused to renew a

refugee status, shall be entitled to appeal against the

revocation to the Tribunal within one week of the

notification of the revocation on him, and the provisions

of article 7 shall mutatis mutandis apply.".

Article 13 of the principal Act shall be amended as follows

(a)

in the marginal note thereof, the word "Resettlement"

shall be substituted by the words "Applications for International

Protection";

(b)

sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) A person seeking international protection in

Malta may apply to the International Protection Agency in

the prescribed form for a declaration and shall be

interviewed by the International Protection Agency as soon

as practicable."; and

(c) immediately after sub-article (3) thereof there shall

be added the following sub-article

"(4) The International Protection Agency shall

immediately inform the competent authorities once an

unaccompanied minor makes an application for

international protection.".

In article 16 of the principal Act, the words "The Amendment of

Commissioner" shall be substituted by the words "The International article

principal Act.

Protection Agency".

Article 17 of the principal Act shall be amended as follows

Amendment of

article 17 of the

principal Act.

(a) in sub-article (1) thereof, the word "Commissioner",

wherever it occurs, shall be substituted by the words "International

Protection Agency"; and

(b) in sub-article (3) thereof, the words "The Refugee

Commissioner" shall be substituted by the words "The

International Protection Agency".

Immediately after article 17 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

(1) The International Protection Agency may

declare that temporary humanitarian protection is granted

to an applicant for international protection who does not

qualify for refugee status or subsidiary protection status,

but who is deemed to qualify for protection on

humanitarian grounds. Such temporary humanitarian

protection may be granted to

(a) an unaccompanied minor who cannot be

returned to his country of origin pursuant to the

principle of the best interests of the child;

(b) an applicant who is terminally ill or

suffers from a severe or life-threatening medical

condition that cannot be treated in the applicant’s

country of origin or in the country of former

habitual residence for persons who are recognised

as being stateless, or if treatment is available, he

would not have access to such treatment; and

(c) to an applicant who cannot be returned

in view of other humanitarian considerations. Such

considerations may include, inter alia, cases of

serious disability that significantly affect the

applicant’s ability to conduct a normal life

Provided that a third country national or

a stateless person is excluded from being eligible

for temporary humanitarian protection where there

are serious reasons for considering that

(a) he has committed a crime against peace,

a war crime, or a crime against humanity, as defined

in the international instruments drawn up to make

provision in respect of such crimes or is a person

who instigates or otherwise participates in the

commission of such crimes; or

(b) he has committed a serious crime; or

(c) he has been guilty of acts contrary to the

purposes and principles of the United Nations as set

out in the Preamble and Articles 1 and 2 of the

Charter of the United Nations; or

(d) he constitutes a danger to the

community or to national security

Provided that paragraphs (a), (b), (c)

and (d) shall also apply to persons who instigate or

otherwise participate in the commission of the

crimes or acts mentioned therein

Provided further that the decision

concerning the granting of temporary humanitarian

protection shall be given in conjunction with the

formal determination that the applicant does not

meet the criteria of a refugee or a beneficiary of

subsidiary protection under this Act

Provided further that temporary

humanitarian protection may also be considered in

respect of applicants whose application has been

rejected by a final decision, who make a request for

temporary humanitarian protection and who fall

under one of the grounds listed in sub-article (1)

Provided further that no appeal shall lie

from a decision by the International Protection

Agency not to grant temporary humanitarian

protection.

(2) The status may be revoked, ended or not

renewed whenever the conditions under which it was

granted no longer subsist, or if after being granted

temporary humanitarian protection, the beneficiary

should have been or is excluded from being eligible for

temporary humanitarian protection in accordance with

sub-article (1)

Provided that the International Protection Agency

shall be empowered to set up the necessary procedures to

ensure that an applicant qualifies for temporary

humanitarian protection and that he still meets the

necessary eligibility criteria

Provided further that no appeal shall lie from a

decision by the International Protection Agency to revoke,

end or not renew temporary humanitarian protection.

(3) A decision by the International Protection Agency

to declare an applicant for international protection a

beneficiary of temporary humanitarian protection shall be

without prejudice to the right of the applicant to appeal

the decision not to grant refugee or subsidiary protection

status

Provided that the provisions of article 22 shall

apply, mutatis mutandis, to beneficiaries of temporary

humanitarian protection.".

In article 21 of the principal Act, the words "the Amendment of

Commissioner" shall be substituted by the words "the International article

Protection Agency".

Article 22 of the principal Act shall be substituted by the Substitution of

following new article

(1) The International Protection Agency shall

revoke, end or refuse to renew the subsidiary protection

status of a third-country national or a stateless person if

he has ceased to be eligible for subsidiary protection in

accordance with article 21.

(2) The International Protection Agency may revoke,

end or refuse to renew the subsidiary protection status of

a third-country national or a stateless person if after

having been granted subsidiary protection status, he or

she should have been excluded from being eligible for

subsidiary protection.

(3) The International Protection Agency shall revoke,

end or refuse to renew the subsidiary protection status of

a third-country national or stateless person, if

(a) he, after having been granted subsidiary

protection status, should have been excluded from

being eligible for subsidiary protection;

(b) his misrepresentation or omission of

facts, including the use of false documents, was

decisive for the granting of subsidiary protection

status.

(4) A person whose subsidiary protection status is

being reconsidered, shall be informed in writing that his

qualification as a beneficiary of subsidiary protection

status is being reconsidered, is given reasons for such

reconsideration and is given the opportunity to submit, in

a personal interview or in a written statement, his reasons

as to why his subsidiary protection status should not be

withdrawn.

(5) Without prejudice to the duty of the third-

country national or stateless person to disclose all

relevant facts and provide all relevant documentation at

his disposal, the International Protection Agency shall be

entitled to demonstrate that the person concerned has

ceased to be or is not eligible for subsidiary protection in

accordance with sub-articles (1), (2) and (3) of this

article.

(6) A person, in whose regard the International

Protection Agency has revoked or refused to renew a

subsidiary protection status, shall be entitled to appeal

against the revocation to the Tribunal within one week of

the notification of the revocation on him, and the

provisions of article 7 shall mutatis mutandis apply.".

20. Article 23 of the principal Act shall be amended as follows

(a)

in sub-article (1) thereof, the words "prima facie"

shall be deleted;

(b) in sub-article (2) thereof, the word "Commissioner",

wherever it occurs, shall be substituted by the words "International

Protection Agency"; the words "prima facie" shall be deleted; and

the word "recommend" shall be substituted by the word "decide";

(c)

in

sub-article

(3)

thereof,

the

word

"recommendation", wherever it occurs, shall be substituted by the

word "decision"; the words "the Chairman of the Board" shall be

substituted by the words "the Chairperson of the International

Protection Appeals Tribunal"; and the word "Commissioner" shall

be substituted by the words "International Protection Agency";

(d) in sub-article (4) thereof, the words "the Chairman of

the Board" shall be substituted by the words "the Chairperson of

the International Protection Appeals Tribunal" and the word

"Board" shall be substituted by the word "Tribunal";

(e) in sub-article (5) thereof, the words "the Chairman of

the Board" shall be substituted by the words "the Chairperson of

the International Protection Appeals Tribunal"; and the word

"Commissioner" shall be substituted by the words "International

Protection Agency"; and

(f) in sub-article (8) thereof, the words "prima facie"

shall be deleted.

21. Article 24 of the principal Act shall be amended as follows

Amendment of

article 24 of the

principal Act.

(a)

sub-article (1) thereof shall be amended as follows

(i) paragraph (d) thereof shall be substituted by the

following new paragraph

"(d) the applicant made a subsequent

application, where no new elements or findings

relating to the examination of whether the applicant

qualifies as a beneficiary of international protection

have arisen or have been presented by the applicant in

accordance with the provisions of sub-articles (4) and

(5) of article 7A;";

(ii) in paragraph (e) thereof, immediately after the

words "a separate application;" there shall be added the word

"or";

(iii) in paragraph (f) thereof, the words "to that

country; or" shall be substituted by the words "to that

country."; and

(iv) paragraph (g) thereof shall be deleted; and

(b) in sub-article (3) thereof, the words "The Commissioner"

shall be substituted by the words "The International Protection

Agency".

22. In paragraph (b) of sub-article (1) of article 25 of the principal

Act, the words "with the concurrence of the Refugees Appeals Board,

appeals under this Act to the Refugees Appeals Board" shall be

substituted by the words "with the concurrence of the International

Protection Appeals Tribuna l, appeals under this Act to the

International Protection Appeals Tribunal".

PART II

Consquential Amendments to the Procedural Standards for

Granting and Withdrawing International Protection Regulations

This Part amends the Procedural Standards for Granting and

Withdrawing International Protection Regulations and it shall be read

and construed as one with the Procedural Standards for Granting and

Withdrawing International Protection Regulations, hereinafter in this

Part referred to as "the principal regulations".

(a) Any reference to "Commissioner" meaning the Refugee

Commissioner and Commissioner of Refugees shall be read and

construed, after the coming into force of this Act, as a reference to the

"International Protection Agency"; and

(b) Any reference to "Board" meaning the "Refugees

Appeals Board" shall be read and construed, after the coming into

force of this Act, as a reference to the "International Protection

Appeals Tribunal".

Regulation 3 of the principal regulations shall be amended as

follows

(a) the definition "Act" shall be substituted by the

following new definition

" "Act" means the International Protection Act;";

(b) in the definition "applicant" the words "taken by the

Commissioner or the by Refugees Appeals Board" shall be

substituted by the words "taken by the International Protection

Agency or by the International Protection Appeals Tribunal";

(c)

the definition "the Board" shall be deleted;

(d)

the definition "the Commissioner" shall be deleted;

(e) immediately after the definition "applicant in need of

special guarantees" there shall be added the following new

definition

" "the Chief Executive Officer" means the same as

the meaning given to it by article 4 of Act and includes, to

the extent and authority given, any other person

temporarily authorised on that behalf by the Minister;";

(f) the definition "competent authorities" shall be

substituted by the following new definition

" "competent authorities" means the International

Protection Agency;";

(g) the definition "determining authority" shall be

substituted by the following new definition

" "determining authority" means the International

Protection Agency;"; and

(h) immediately after the definition "representative"

there shall be added the following new definition

" "the Tribunal" means the International Protection

Appeals Tribunal as established by article 5 of the Act;".

In sub-regulation (1) of regulation 13 of the principal Amendment of

regulations, the words "applicant’s file." shall be substituted by the regulation

the principal

words "applicant’s file:" and immediately thereafter there shall be regulations.

added the following new provisos

"Provided that the International Protection Agency may

decide that international protection shall lapse where the

beneficiary of international protection has unequivocally

renounced his protection. Unequivoval renounciation of protection

shall include inter alia

(a) a written statement by the beneficiary

confirming that he is renouncing his protection status; or

(b) failure to renew international protection within

a period of twelve (12) months from the lapse of the

validity of said protection or its renewal

Provided further that in case a beneficiary of international

protection who has unequivocally renounced his protection

subsequently makes a request in person to the International

Protection Agency to have his international protection status

reinstated, the International Protection Agency shall review his

request to determine whether international protection should once

again be granted, provided that the person concerned still meets

the eligibility criteria and is not excluded from international

protection.".

Regulation 16 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof, the words "the

Commissioner" shall be substituted by the words "the

International Protection Agency"; and

(b) the proviso to sub-regulation (3) thereof shall be

substituted by the following new proviso

"Provided that the exception referred to in this

regulation may only be made so long as the International

Protection Agency or the International Protection Appeals

Tribunal do not indicate, by means of a notice in writing,

that the return decision in respect of the person in question

would constitute direct or indirect refoulement.".

Sub-paragraph (iii) of paragraph (d) of sub-regulation (1) of

regulation 19 of the principal regulations shall be substituted by the

following new sub-paragraph

"(iii) depending on the circumstances in the country of

origin, a particular social group might include a group based on a

common characteristic or sexual orientation. Sexual orientation

cannot be understood to include acts considered to be criminal in

Malta. Gender and sex related aspects, including gender identity,

gender expression and sex characteristics, shall be given due

consideration for the purposes of determining membership of a

particular social group or identifying a characteristic of such a

group;".

Immediately after sub-regulation (3) of regulation 20 of the

principal regulations there shall be added the following sub-regulation

"(4) Beneficiaries of temporary humanitarian protection

shall be entitled to the same rights and benefits as for

beneficiaries of subsidiary protection; provided however that the

duration of protection for beneficiaries of temporary

humanitarian protection shall be of one year and shall be

renewable. Documents issued to such persons shall have the

same period of validity as for their protection.".

PART III

Amendments to the Laws of Malta

This Part amends the Laws of Malta and they shall be

amended as follows

(a) any reference in any other law to "Commissioner"

meaning the Refugee Commissioner and Commissioner of

Refugees shall be read and construed, after the coming into force

of this Act, as a reference to the "International Protection

Agency";

(b) any reference in any other law to the "Office of the

Refugee Commissioner" shall be read and construed, after the

coming into force of this Act, as a reference to the "International

Protection Agency";

(c) any reference in any other law to the "Assistant

Commissioners" meaning the Assistant Refugee Commissioners

shall be read and construed, after the coming into force of this

Act, as a reference to "Deputy to the Chief Executive Officer of

the International Protection Agency"; and

(d) any reference to the "Refugees Appeals Board" shall

be read and construed, after the coming into force of this Act, as

a reference to the "International Protection Appeals Tribunal".

Passed by the House of Representatives at Sitting No. 366 of the

29th July, 2020.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.80