ACT No. XIX of 2022 AN ACT to amend the International Protection Act. Cap. 420.

I assent.

(L.S.)

GEORGE VELLA

President

20th December, 2022

ACT No. XIX of 2022

AN ACT to amend the International Protection Act. Cap. 420.

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:-

(1) The short title of this Act is the International Protection Short title and

(Amendment) Act, 2022 and this Act shall be read and construed as scope.

one with the International Protection Act, hereinafter referred to as Cap. 420.

"the principal Act".

(2)

The scope of this Act is to transpose

(a) Directive 2013/32/EU of the European Parliament

and of the Council of 26 June 2013 on common procedures for

granting and withdrawing international protection (recast);

(b) Directive 2011/95/EU of the European Parliament

and of the Council of 13 December 2011 on standards for the

qualification of third-country nationals or stateless persons as

beneficiaries of international protection, for a uniform status for

refugees or for persons eligible for subsidiary protection, and for

the content of the protection granted (recast); and

(c) Directive 2013/33/EU of the European Parliament

and of the Council of 26 June 2013 laying down standards for the

reception of applicants for international protection (recast).

Article 1 of the principal act shall be substituted by the

following new article

" Short title

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

International Protection Act.

applicability.

(2) The provisions in this Act and its subsidiary

legislation shall apply to all applications for international

protection made on Maltese territory. These provisions

shall not apply to requests for diplomatic or territorial

asylum submitted to Maltese representations.".

Paragraph (f) of the definition "manifestly unfounded" in

article 2 of the principal Act shall be substituted by the following new

paragraph

"(f) the applicant has introduced a subsequent application

for international protection that is not inadmissible in accordance

with article 24(1)(d); or".

Article 3 of the principal Act shall be substituted by the

following new article

" Scope.

3. The scope of this Act is

(a) to incorporate the obligations assumed

by Malta under the 1951 Convention on the Status

relating to Refugees; and

(b) to transpose

(i) Directive 2013/32/EU of the

European Parliament and of the Council of 26

June 2013 on common procedures for granting

and withdrawing international protection

(recast);

(ii) Directive 2011/95/EU of the

European Parliament and of the Council of 13

December 2011 on standards for the

qualification of third-country nationals or

stateless persons as beneficiaries of

international protection, for a uniform status

for refugees or for persons eligible for

subsidiary protection, and for the content of

the protection granted (recast); and

(iii) Directive 2013/33/EU of the

European Parliament and of the Council of 26

June 2013 laying down standards for the

reception of applicants for international

protection (recast).".

Sub-article (1A) of article 7 of the principal Act shall be Amendment of

article 7 of the

amended as follows

principal Act.

(a) the words "an appeal on both facts and points

of law shall lie against" shall be substituted by the words

"an appeal for a full and ex nunc examination of both facts

and points of law shall lie against"; and

(b) in paragraph (c) thereof, the words

"international protection" shall be substituted by the words

"international protection;" and immediately thereafter there

shall be added the following new proviso

"Provided that no right of appeal shall lie from a

decision of the International Protection Agency to

withdraw international protection on the basis that this

has lapsed in accordance with regulation 13A of the

Procedural Standards for Examining Applications for

International Protection Regulations.".

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

Amendment of

article 7A of the

principal Act.

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

following new sub-article

"(2) The person submitting a subsequent application

shall indicate facts and provide evidence which justify this

procedure."; and

(b) immediately after sub-article (9) thereof there shall

be added the following new sub-article

"(10) Where a person in whose regard a transfer

decision has to be enforced pursuant to Regulation (EU)

No. 604/2013 makes further representations or a

subsequent application in the transferring Member State,

those representations or subsequent applications shall be

examined by the responsible Member State in accordance

with the provisions of this Regulation, this Act and its

subsidiary legislation.".

Sub-article (6) of article 10 of the principal Act shall be

substituted by the following new sub-article

"(6) A person, in whose regard, the International

Protection Agency has revoked, ended or refused to renew a

refugee status, shall be entitled to appeal against this decision

before the Tribunal within one (1) week of the notification of the

decision on him and the provisions of article 7 shall mutatis

mutandis apply.".

Sub-article (3) of article 13 of the principal Act shall be

substituted by the following new sub-article

"(3) Any child or young person below the age of eighteen

(18) years falling within the scope of this Act who is found under

circumstances which clearly indicate that he is a child or young

person in need of care, shall be allowed to apply for international

protection, and for the purposes of this Act, shall be assisted by a

representative appointed by the Chief Executive Officer of the

Agency for the Welfare of Asylum Seekers.".

Article 17A of the principal Act shall be amended as follows

(a) in sub-article (2) thereof, immediately after the first

proviso there shall be added the following new proviso

"Provided further that the International Protection

Agency may revoke, end or refuse to renew this status when it is

established that a beneficiary of temporary humanitarian

protection did not originally meet the criteria to be eligible for

this status:"; and

(b) sub-article (3) thereof shall be substituted by the

following new sub-article

"(3) A decision of the International Protection

Agency declaring an applicant for international protection,

a beneficiary of temporary humanitarian protection shall be

without prejudice to the right of the applicant to appeal

against the decision not to grant refugee or subsidiary

protection status.".

Article 22 of the principal Act shall be amended as follows

(a) in sub-article (2) thereof, immediately after the

words "being eligible for subsidiary protection" there shall be

added the words "in accordance with article 17(3)";

(b) sub-article (3) thereof shall be substituted by the

following new sub-article

"(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 he,

after having been granted subsidiary protection status,

should have been or is excluded from being eligible for

subsidiary 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 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 the security of Malta

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."; and

(c) sub-article (6) thereof shall be substituted by the

following new sub-article

"(6) A person, in whose regard the International

Protection Agency has revoked, ended or refused to renew

a subsidiary protection status, shall be entitled to appeal

against this decision before the Tribunal within one (1)

week from when the notification of the decision has been

served on him, and the provisions of article 7 shall mutatis

mutandis apply.".

Sub-article (1) of article 23 of the principal Act shall be

substituted by the following new sub-article

"(1) A person seeking international protection in

Malta in terms of article 8 shall be examined under

accelerated procedures in accordance with this article

when his application appears to be manifestly unfounded

Provided that without prejudice to

regulation 13 of the Procedural Standards for

Granting and Withdrawing International Protection

Regulations, applications may only be considered

as manifestly unfounded if it has been established

by the International Protection Agency that the

applicant does not qualify for international

protection.".

Passed by the House of Representatives at Sitting No. 70 of the 14th

December, 2022.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.72