ACT No. XV of 2022 AN ACT to amend the Immigration Act, Cap. 217.

I assent.

(L.S.)

GEORGE VELLA

President

4th November, 2022

ACT No. XV of 2022

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

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

consent to 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 Immigration (Amendment) Short title.

Act, 2022 and this Act shall be read and construed as one with the

Immigration Act, hereinafter referred to as "the principal Act".

Immediately after article 5 of the principal Act, there shall be Addition of new

article to the

added the following new article

principal Act.

(1) The Chief Executive Officer of the

Agency for the Welfare of Asylum Seekers may

appoint an interim legal guardian for any prohibited

migrant who is deemed to be under eighteen (18) years

of age and who is considered to be in need of care,

particularly if he is unaccompanied by family

members.

(2) The interim legal guardian shall be responsible

for the person in question until such time as it is

established that he is no longer a minor, or until a

guardian is appointed in terms of the Minor Protection

(Alternative Care) Act.

(3) For the purpose of this article, the interim

legal guardian shall

(a)

act in the best interests of the minor;

(b) ascertain the views and wishes of the

minor; and

(c) collaborate with all those involved in

the protection.".

3. Sub-article (1) of article 10 of the principal Act shall be

substituted by the following new sub-article

"(1) Where leave to land is refused to any person

arriving in Malta on an aircraft, such person may be

placed temporarily on land and detained in some place

approved by the Minister and notified by notice in the

Gazette

Provided that if it is not possible to return the

person concerned on the same flight on which he would

have arrived, for instance where the flight would have

departed, the person concerned shall be returned on the

next available flight.".

Passed by the House of Representatives at Sitting No. 40 of the 1st

November, 2022.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36