IMMIGRATION ACT

IMMIGRATION

CHAPTER 217

IMMIGRATION ACT

To restrict, control and regulate immigration into Malta and to make provision for matters

ancillary thereto.

21st September, 1970

ACT IX of 1970, as amended by Acts XLIV of 1972, XLIX of 1981, VIII of 1982, XIII of

1983, XXXIII of 1988, XXV of 1989, VIII of 1990, XXIV of 1995, IV and IX of 2000, XXIII of

2002, and VIII of 2004; Legal Notice 248 of 2004; Acts XIII and XVII of 2005; Legal Notices

274 and 411 of 2007; Acts VII and XV of 2008, and XVIII of 2009; Legal Notice 20 of 2013;

and Acts XXXVI of 2015 , VI of 2021, XV of 2022 and XXXV of 2023.

The short title of this Act is the Immigration Act.

In this Act, unless the context otherwise requires -

"Board" means the Immigration Appeals Board constituted by

article 25A;

"Border Agreement" means an agreement to which Malta is a

party or any rule in or under the Treaty providing for common

border controls and free entry and exit of persons lawfully with the

territory, into and from each of the territories of the Member States

or States parties to the agreement, and Border Agreement State and

citizen of a Border Agreement State shall be construed as such;

"carrier" means any person whose occupation is to provide

passenger transport by air, sea or land;

"citizen of a Member State" means a citizen of a state party to the

Treaty;

"dependant" in relation to another person means -

(a) the child or step-child of such person, if the child or

the step-child is under the age of twenty-one years;

(b) an adopted child under the age of twenty-one years,

having been adopted by such person in a manner

recognised by law;

(c) a parent or grandparent of such person who proves to

the satisfaction of the Principal Immigration Officer

that he is wholly maintained by the said person;

(d) any other member of the family as may be prescribed

by the Minister;

"deportation order" means an order made under article 22;

"to embark" includes departure by any form of conveyance;

"European Union" has the meaning assigned to it in the European

Union Act;

"exempt person" means any person to whom Part IV of this Act

does not apply in accordance with article 4 of the same Act;

"implied condition" means a condition referred to in article 11;

"keeper" where used in relation to a hotel means a hotel-keeper

as defined in the Hotels and Catering Establishments Act, and,

where used in relation to premises where accommodation is

provided for reward, includes any person who for reward receives

any other person to lodge in the premises either on his own behalf

or as a manager or otherwise on behalf of any other person;

"to land" means to arrive or to enter by any form of conveyance

and references to landing, unless the context otherwise requires,

include references to attempting to land;

"Malta" means the Island of Malta, the Island of Gozo and the

other islands of the Maltese Archipelago;

"master of a vessel" includes the captain of an aircraft;

"member of a crew" means any person employed in the working

or service of a vessel;

"Minister" means the Minister responsible for immigration;

"passenger" means any person, other than a member of a crew,

travelling or seeking to travel on board a vessel;

"passport" means a passport referring to the person who is

required to produce the same, furnished with a photograph of such

person, which is valid on the date on which the same person seeks

entry into Malta and is not due to expire before the proposed date

of departure of the same person from Malta, and includes any other

similar document establishing the identity and nationality of the

person to whom it refers to the satisfaction of the Principal

Immigration Officer;

"port" means any place where a person lands in or embarks from

Malta and includes an airport;

"prescribed" means prescribed by regulations made under this

Act;

"Principal Immigration Officer" means the person appointed to

such office by the Prime Minister under article 3, and includes,

wit hi n th e l im it s o f any au tho ri ty g ran te d b y the P ri nc i pal

Immigration Officer under article 3(3), any public officer acting

under such authority;

"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;;

"residence permit" means a permit issued under article 7(1);

"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;

"Schengen acquis " means the Agreement between the

Governments of the States of the Benelux Economic Union, the

Federal Republic of Germany and the French Republic on the

gradual abolition of checks at their common borders of the 14 June

1985 and the Convention of 19 June 1990 implementing the

Schengen Agreement of 14 June 1985 between the Governments of

the States of the Benelux Economic Union, the Federal Republic of

Germany and the French Republic on the gradual abolition of

checks at their common borders, and includes all other acts

building upon it or otherwise related to it, as well as related

agreements;

"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);

"the Treaty" has the same meaning assigned to it in the European

Union Act;

"vessel" includes aircraft, but does not include a vessel

belonging to, or in the service of, the military, naval or air force of

any country.

(1) The Prime Minister shall, by notice in the Gazette,

appoint a public officer to be the Principal Immigration Officer for

the purposes of this Act.

(2) The Principal Immigration Officer shall have such powers

and duties as are conferred or imposed on him by or under this Act

or as may be prescribed for giving effect to this Act

Provided that in the exercise of his functions under this Act,

the Principal Immigration Officer shall act in accordance with the

general or special directions of the Minister

Provided further that it shall not be lawful for any person to

enquire in any court whether the Principal Immigration Officer has

actually received, or acted in accordance with, any such directions.

(3) The Principal Immigration Officer may authorise in writing

any public officer to exercise or perform on his behalf any powers

(except the power granted by this sub-article) or duties under this

Act or regulations made thereunder.

(4) Authority under the last preceding sub-article may be

granted either personally to a public officer or impersonally to any

public officer for the time being performing any specific duties in

the public service.

PART II

EXEMPT PERSONS

(1) The provisions of Part IV of this Act shall not apply to

any person -

(a) who is a citizen of Malta; or

(b) who, in accordance with article 44(4) of the

Constitution of Malta, is deemed to be a citizen of

Malta by virtue of article 3(1) or of article 5(1) of the

Maltese Citizenship Act; or

(c) who is entitled to immunities and privileges by virtue

or under any provision of the Diplomatic Immunities

and Privileges Act; or

(d) who is a member of the armed forces of a country

other than Malta which are present in Malta under and

within the scope of arrangements with the government

of Malta; or

(e) who is in Malta in an advisory or consultative capacity

to the Government on invitation of the same; or

(f)

who is a dependant of any person referred to in the

foregoing paragraphs; or

(g) who is the spouse of any person referred to in any of

the foregoing paragraphs and is still married to and

living with that person; and

(h) who is the widow or widower of any person mentioned

in paragraph (a) or (b) and at the time of his or her

death was still living with that person

Provided that the spouse or the dependent of a person

referred to under paragraphs (d) and (e) shall not in Malta exercise

any profession or occupation or hold any appointment or be

employed by any other person or engage in business without, and

other than in accordance with the conditions of, a licence from the

Minister which the latter may at any time vary or withdraw as he

may deem fit, and provided further that such dependant shall cease

to be an exempt person if he contravenes this provision or if he

does not comply with any of the conditions contained in such

licence.

(2) The Minister may by order to be notified to any person

referred to in subarticle (1)(g) and (h) hereof, not being a person to

whom subarticle (1)(a) to (f) hereof may refer, declare such person

to be no longer an exempt person, if the Minister is satisfied that

the grant of such an exemption to such person is not in the public

interest, and upon the issue of such an order the provisions of Part

III of this Act shall apply to such person. Notwithstanding the

foregoing provisions of this sub-article such Order may also be

notified to, and apply in relation to, any person referred to in

subarticle (1)(f) being a dependant over the age of eighteen years.

(3) The Minister shall not be required to assign any reason for

the issue of any order referred to in subarticle (2) and the decision

of the Minister on any such order shall not be subject to appeal to

or review in any court.

PART III

Special Provisions

(1) Notwithstanding any other provisions of this Act, the

Minister may make regulations to give effect to the Treaty or any

Border Agreement to which Malta may be a party and without

prejudice to the generality of the foregoing, may make regulations

in order to

(a) grant and regulate the right of any citizens of a

Member State or their dependants to enter, remain and

reside in, and leave Malta;

(b) grant and regulate the right of persons mentioned in

the preceding paragraph to seek employment and work

in Malta and to establish services and, or provide or

receive such services in Malta;

(c) grant and regulate the rights mentioned in the

preceding paragraphs to any person and his dependants

who, though not being a person mentioned in

paragraph (a), is lawfully in the territory of any state

which is bound by a Border Agreement.

(2) Any right granted under this Part shall always be subject to

such limitations as may be reasonably justified on grounds of

public policy, public security and public health.

PART IV

PROHIBITED IMMIGRANTS

(1) Any person, other than one having the right of entry, or

of entry and residence, or of movement or transit under the

preceding Parts, may be refused entry, and if he lands or is in Malta

without leave from the Principal Immigration Officer, he shall be a

prohibited immigrant.

(2) Notwithstanding that he has landed or is in Malta with the

leave of the Principal Immigration Officer or that he was granted a

residence permit, a person shall, unless he is exempted under this

Act from any of the following conditions or special rules applicable

to him under the foregoing provisions of this Act, be a prohibited

immigrant also -

(a) if he is unable to show that he has the means of

supporting himself and his dependants (if any) or if he

or any of his dependants is likely to become a charge

on the public funds; or

(b) if he is suffering from mental disorder or is a mental

defective; or

(c) if, having landed in Malta pursuant to or under any

regulation made under articles 44 and/or 50 of the

Prevention of Disease Ordinance, he is still in Malta

after the lapse of the period of fifteen days from the

day on which the Superintendent of Public Health

certifies in writing that the stay of such person in

Malta is no longer required under and for the purpose

of such regulation; or

(d) if he is found guilty by a court of criminal jurisdiction

in Malta of an offence against any of the provisions of

the White Slave Traffic (Suppression) Ordinance or of

the Dangerous Drugs Ordinance or of a crime, other

than involuntary homicide or involuntary bodily harm,

which, in the case of a first crime committed by such

person, is punishable with imprisonment for a term of

not less than one year or, in the case of a second or

subsequent crime committed by such person, is

punishable with imprisonment for a term of not less

than three months; or

(e) if he contravenes any of the provisions of this Act or

of any regulations made thereunder; or

(f)

if he does not comply or ceases to comply with any of

the conditions, including an implied condition, under

which he was granted leave to land or to land and

remain in Malta or was granted a residence permit; or

(g) if any circumstance which determined the granting of

leave to land or to land and remain in Malta or the

extension of such leave or the granting of a residence

permit ceases to exist; or

(h) if such person is a prostitute; or

(i)

if he is a dependant of a person who is a prohibited

immigrant under any of the provisions of this sub-

article.

(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.

(1) Without prejudice to any rights arising from the

preceding Parts, for the purposes of this Act, the Principal

Immigration Officer may -

(a) grant leave to land or leave to land and remain in

Malta to any member of a crew intending to continue

his journey in the vessel by which he arrives for the

period of the vessel’s stay in port and on condition that

he leaves in the same vessel;

(b) grant leave to land or leave to land and remain to any

other person arriving in Malta, under such conditions

and for such period as the Principal Immigration

Officer may deem proper to establish;

(c) grant extensions of the period referred to in the last

preceding paragraph by such further periods as in each

case the Principal Immigration Officer may deem

proper to grant and under such conditions, whether

similar to those previously imposed or not, as he may

deem proper to establish

Provided that, unless it is otherwise expressly

established, any extension shall be deemed to have

been granted under the same conditions which applied,

and for a period of the same duration as the period

which expired, before such extension was granted.

(2) Unless the Principal Immigration Officer expressly

specifies a longer or shorter period, leave granted under paragraph

(b) of the last preceding sub-article shall be deemed to have been

granted for twenty-four hours in the case of leave to land and for

three calendar months in the case of leave to land and remain in

Malta.

(3) Notwithstanding the provisions of sub-article (1)(a), where

the vessel therein referred to is an aircraft, a member of the crew of

such aircraft need not necessarily continue his journey in the

aircraft by which he arrived, subject to his leaving Malta within

three days of his arrival.

(4) The Principal Immigration Officer shall not refuse leave to

land and remain in Malta to any person in respect of whom two

medical practitioners of whom at least one shall be a government

medical officer certify that such person needs immediate medical or

surgical treatment which cannot be deferred without prejudice to

his health

Provided that such leave shall be deemed to have been

granted until, and to expire on, the seventh day of the date of a

certificate made by a government medical officer to the effect that

there is no longer any necessity that such person should remain in

Malta for the purpose of or in connection with such treatment.

(1) Without prejudice to the provisions of the preceding

Parts, the Minister may issue, subject to such conditions as he may

deem proper to establish, a residence permit to any person who

makes an application for retirement, settlement or an indefinite stay

in Malta.

(2) Subject to the provisions of this Act, a residence permit

shall confer on the person to whom it is issued the right to land and

to remain permanently or indefinitely in Malta.

(3) Any residence permit issued under this Act may be revoked

by the Minister for the following reasons

(a) when the permit was obtained on the basis of fraud, or

omission on the part of the resident at the time of his

application for a residence permit of a material fact

which, had it been known then, would have reasonably

justified the Minister to refuse the application for such

permit;

(b) when, following the grant of a residence permit, the

said resident, commits, whether in Malta or outside

Malta, a serious crime which, had it been committed

prior to the granting of such permit, would have

reasonably justified the refusal of such permit by the

Minister.

(4) Any person aggrieved by such decision shall have a right to

appeal to the Board within ten days from when he is notified of

such revocation.

(5) The Minister may make regulations to implement the

provision of this article, including, without prejudice to the

generality of the foregoing, to regulate any right of appeal to the

Board appertaining to a person aggrieved by a decision of the

Minister, and any application for residents in Malta to bring to

Malta any of their dependants to reside with them.

(1)

Notwithstanding the provisions of this Act or any

other Act, the Minister may grant a residency certificate to reside

permanently in Malta to a third country national on the basis of

investment and who satisfies the requirements prescribed under this

Act

Provided that residency rights may also be granted to

eligible dependants or family members of the said third country

national.

(2)

Any residency certificate issued in terms of this article may

be revoked and article 7(3) shall apply mutatis mutandis

Provided that a third country national or his eligible

dependants and family members shall also cease to benefit from a

residency certificate in those instances that the Minister may by

regulations provide.

(3) The Minister may by regulations make provisions for carrying

into effect the provisions of this article, including, without prejudice to

the generality of the foregoing, for the establishment and

implementation of a programme for the grant of permanent residency

rights on the basis of investment and for the cessation of certificates of

permanent residence.

(1) Without prejudice to the rights of entry and residence

envisaged by the preceding Parts, and to the powers of the Principal

Immigration Officer to issue a visa at the border under this Act and

in regulations made thereunder, the Principal Immigration Officer

shall refuse leave to enter Malta to any person seeking to enter

Malta who, in accordance with the provisions of this Act, must be

in possession of a visa and who is not in possession of such a visa

as is provided for in this article.

(2)

The Minister may make regulations in order to -

(a) list the countries whose nationals will be required to

be in possession of a visa for any stay for such period

of time as may be prescribed, or whose nationals will

be exempted from such requirement;

(b) regulate all aspects of the issue of visas or other forms

of authorisation and make provision for different types

of visa including visas for single or multiple entry or

re-entry;

(c) make provision for and regulate the issue of visas at

the border;

(d) make provision for and regulate the revocation of

visas;

(e) regulate the issue and revocation of emergency travel

documents to persons who hold the nationality of such

states as may be prescribed.

(1) Without prejudice to any regulations made under Part

III of this Act, leave to land or to land and remain in Malta shall be

signified either by a written permit delivered to, or by an

appropriate endorsement on the passport of, the person concerned,

but the conditions attached to such leave may be contained in a

separate document delivered to such person.

(2) The provisions of the last preceding sub-article shall not

apply to leave granted for the purposes of sub-article (1)(a), or of

article 6(3).

(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.

(2) Where leave to land is refused to any person arriving in

Malta by any other means, such person at his own request may,

with the leave of the Principal Immigration Officer, be placed

temporarily on shore and detained in some place approved by the

Minister and notified by notice in the Gazette

Provided that he shall be returned to the vessel by which he

is to leave Malta immediately that he makes a request to that effect

or that the Principal Immigration Officer so directs, whichever is

the earlier.

(3) Any person, while he is detained under sub-article (1) or

(2), shall be deemed to be in legal custody and not to have landed.

(1) It shall be an implied condition of any leave granted to

any person under article 6(1)(a) or, saving the provisions of Part

III, of a residence permit issued to any person under article 7(1)

that such person shall not in Malta exercise any profession or

occupation or hold any appointment or be employed by any other

person or engage in business without a licence from the Minister.

(2) It shall be an implied condition of any leave granted to any

person under article 6(1)(b) or extended under paragraph (c), that

such person shall not in Malta exercise any profession or

occupation or hold any appointment or be employed by any other

person without a licence from the Minister.

(3) The Minister may grant a licence for any of the purposes

mentioned in sub-article (1) or (2) for such period and under such

conditions as he shall think fit and may at any time cancel or vary

the conditions of any such licence.

(1) The conditions referred to in articles 6 and 7 may

include the furnishing of such security in such form and of such

amount, not exceeding one thousand and one hundred and sixty-

four euro and sixty-nine cents (1,164.69), as the Minister or the

Principal Immigration Officer, as the case may be, may deem

proper to require.

(2) Where the security required and furnished for the purpose

of the preceding sub-article consists in the deposit of a sum, the

sum so deposited may be applied in meeting any charges incurred

by public funds for the maintenance of the person in whose favour

the security stands or of his dependants or incurred otherwise in

connection with him or them while in Malta or for his or their

deportation or repatriation, and the balance, if any, or the whole, if

no part is applied as aforesaid, shall only be refunded upon the

Principal Immigration Officer being satisfied that such balance or

the whole deposit is no longer required for the purpose of ensuring

compliance with the provisions of this Act or of any conditions

imposed thereunder.

(3) Notwithstanding any other law to the contrary, no garnishee

order shall be executed on any amount deposited, wherever this

may be, for the purpose of the above security, or any part thereof,

unless and before such amount or part thereof is due to be refunded

in accordance with the last preceding sub-article.

(1) Nothing in article 11(2) shall prevent the Principal

Immigration Officer from granting or extending leave to any person

under article 6(1)(b) or (c) subject to the condition that such person

is not to engage in Malta in any activity other than that falling

within the declared purpose.

(2) For the purpose of this article, "declared purpose" means

the purpose which any person requesting leave to land and remain

in Malta declares to the Principal Immigration Officer and is

accepted by the latter to be the purpose of his request

Provided that the Principal Immigration Officer shall not

accept as a declared purpose any activity for the exercise whereof a

licence of the Minister is required under article 11(2).

(1) If any person is considered by the Principal

Immigration Officer 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

(1) Trasportatur bil-baħar jew bl-arju jkun obbligat li jieħu

l-miżuri kollha meħtieġa sabiex jiżgura li persuna li huwa jkun ġarr

lejn Malta jkollha d-dokumenti tal-ivvjaġġar u kull viża jew

awtorizzazzjoni oħra li jistgħu jkunu meħtieġa għad-dħul ġewwa,

jew passaġġ minn, it-territorju ta’ Malta qabel ma dik il-persuna

tinġarr lejn Malta.

(2) Fuq talba tal-Uffiċjal Prinċipali tal-Immigrazzjoni t-

trasportatur għandu jreġġa lura lil xi persuna li lilha jkun ġie

rifjutat id-dħul minħabba li ma jkollhiex viża jew dokument

imsemmi fis-subartikolu ta’ qabel dan, jew lejn l-Istat li minnu tkun

ġiet trasportata, jew lejn l-Istat li jkun ħareġ id-dokument tal-

ivvjaġġar li tkun ivvjaġġat bih, jekk ikun il-każ, jew lejn xi Stat

ieħor li tkun garantita d-dħul fih.

(3) Fuq talba tal-Uffiċjal Prinċipali tal-Immigrazzjoni, it-

trasportatur għandu ukoll ireġġa’ lura, skont ma hemm speċifikat

fis-subartikolu (2), lil xi ċittadin ta’ pajjiż terz li jkollu passaġġ

minn Malta jekk it-trasportatur li kien ser jieħdu fil-pajjiż lejn fejn

ikun sejjer jirrofta milli jtellgħu abbord jew jekk l-awtoritajiet tal-

pajjiż lejn fejn ikun sejjer ikunu irroftaw li jdaħħluh u jkunu

bagħtuh lura Malta.

(4) Trasportatur li ma jkunx jista’ jreġġa’ lura persuna skont

ma hemm stabbilit fis-subartikoli (2) u (3), għandu jsib il-mezz

biex dik il-persuna tkun tista’ tiġi minnufih trasportata lejn fejn

tkun sejra għas-spejjeż tiegħu, jew, jekk it-trasport lejn fejn dik il-

persuna tkun sejra ma jkunx jista’ jsir minnufih, it-trasportatur

għandu jassumi r-responsabbiltà għall-ispejjeż imġarrba matul iż-

żmien li dik il-persuna toqgħod f’Malta u biex hija terġa’ lura.

(5) Trasportatur ma jistax iġorr minn xi Stat lejn Malta persuna

l i m a j k o l l h a e b d a d o k u m e n t t a l - i v v j a ġ ġ a r, v i ż a j e w x i

awtorizzazzjoni speċjali oħra skont ma jkun meħtieġ taħt dan l-Att,

għad-dħul tagħha leġittimu ġewwa Malta u meta jkun hemm dak in-

nuqqas dak it-trasportatur ikun soġġett li jħallas lill-Uffiċjal

Prinċipali tal-Immigrazzjoni dik il-penali li l-Uffiċjal jista’

jistabbilixxi, li ma tkunx iktar minn ħdax-il elf, sitt mija u sitta u

erbgħin euro u sebgħa u tmenin ċenteżmu (11,646.87) għal kull

persuna li tinġarr jew kull somma ogħla oħra li l-Ministru jista’

jippreskrivi. Dik il-penali għandha tinġabar mill-Uffiċjal Prinċipali

tal-Immigrazzjoni, wara li jkun skada t-terminu għall-appell

quddiem il-Bord bla ma jkun sar appell jew wara deċiżjoni tal-

Bord, bħala dejn ċivili dovut lill-Gvern, u d-disposizzjonijiet tal-

artikolu 466 tal-Kodiċi ta’ Organizzazzjoni u Proċedura Ċivili

jkunu, minkejja kull disposizzjoni oħra kuntrarja, japplikaw

mutatis mutandis għal dak id-dejn.

Kull persuna li tikser l-artikolu 5(1), jew tkun

raġonevolment issuspettata li għamlet hekk, tista’ tiġi arrestata

mingħajr mandat mill-Uffiċjal Prinċipali tal-Immigrazzjoni jew

minn xi uffiċjal tal-Pulizija u fil-waqt li tkun qed tinżamm hekk

arrestata għandha titqies li tkun taħt kustodja legali.

B’dak kollu li jista’ jkun hemm kontra f’xi liġi oħra, ebda

deċiżjoni ta’ ritorn jew ordni ta’ tneħħija ma għandu jiġi mfixkel u

lanqas għandu jkun hemm dewmien fl-esekuzzjoni ta’ dik id-

deċiżjoni ta’ ritorn jew ordni ta’ tneħħija minħabba f ’xi mandat

maħruġ skont il-Kodiċi ta’ Organizzazzjoni u Proċedura Ċivili

Iżda dan l-artikolu ma japplikax għall-ordnijiet mogħtija

mill-Qorti Kostituzzjonali.

Revokat bl-Att XXIII. 2002.15.

Persuna li jkun ħareġ kontriha deċiżjoni ta’ ritorn u ordni

ta’ tneħħija jew li għaliha japplika l-artikolu li jiġi minnufih wara

dan għandha tittieħed barra minn Malta -

(a) jekk ma tkunx membru ta’ ekwipaġġ, f’dak il-pajjiż li

tiegħu hi tkun ċittadin jew minn fejn imbarkat għal

Malta;

(b) jekk tkun membru ta’ ekwipaġġ, għall-pajjiż li tiegħu

hi tkun ċittadin jew fejn kienet ingaġġat

Iżda l-Ministru jista’, fuq it-talba ta’ persuna tali, jordna li

tittieħed f’xi pajjiż ieħor.

(1) Kull persuna li għaliha japplika dan l-artikolu għandha

titneħħa minn Malta mill-kaptan tal-bastiment li tkun waslet fuqu

jew, jekk direttivi għalhekk jingħataw mill-Ministru jew mill-

Uffiċjal Prinċipali tal-Immigrazzjoni, mis-sid jew mill-aġenti ta’

dak il-bastiment.

(2) L-Uffiċjal Prinċipali tal-Immigrazzjoni jew xi uffiċjal tal-

Pulizija jista’ (ukoll jekk ikun hemm xi prosekuzzjoni) jqiegħed

kull persuna li għaliha japplika dan l-artikolu abbord tal-bastiment

li fuqu tkun waslet Malta jew abbord ta’ bastiment li jkun il-

proprjetà tal-istess sidien għat-tneħħija tal-istess persuna minn

Malta.

(3)

Dan l-artikolu japplika għal -

(a) kull persuna li ma tingħatax permess li tinżel l-art;

(b) kull persuna li, mingħajr ma tkun ingħatat permess

biex tinżel l-art, tinstab fuq l-art f’Malta;

(ċ) kull membru tal-ekwipaġġ li, wara li jingħata permess

biex jinżel l-art jew permess biex jinże1 l-art u jibqa’

Malta skont l-artikolu 6(1)(a), ikun raġonevolment

issuspettat li jkun kiser jew ikun ser jikser dan l-Att

Iżda dan l-artikolu ma għandux japplika, safejn jimponi

obbligu fuq il-kaptan, is-sid jew l-aġenti tal-bastiment li fuqu

persuna tkun waslet Malta, jekk perijodu ta’ aktar minn sitt xhur

ikun għadda mid-data tal-aħħar inżul l-art ta’ dik il-persuna f’Malta

minn fuq dak il-bastiment.

Il-kaptan ta’ bastiment għandu jżomm abbord kull persuna

li tasal fuq dak il-bastiment, kemm jekk tkun membru ta’ ekwipaġġ

jew passiġġier, li ma tingħatax permess mill-Uffiċjal Prinċipali tal-

Immigrazzjoni li tinżel l-art, waqt li dak il-bastiment ikun fl-ibħra

territorjali ta’ Malta, u l-persuna hekk miżmuma għandha titqies li

tkun taħt kustodja legali.

(1) Mingħajr preġudizzju għad-disposizzjonijiet speċjali li

jistgħu jsiru taħt it-Taqsima III ta’ dan l-Att, il-Ministru jista’, jekk

ikun iqis li dan iwassal għall-ġid pubbliku, jagħmel ordni ta’

deportazzjoni kontra kull persuna.

(2) Ordni ta’ deportazzjoni jista’ jkun suġġett għal kull

kondizzjoni li l-Ministru jidhirlu xieraq.

(3) B’dak kollu li jista’ jkun hemm kontra f’xi liġi oħra, ebda

ordni ta’ deportazzjoni ma għandu jiġi mfixkel u lanqas għandu

jkun hemm dewmien fl-esekuzzjoni ta’ dak l-ordni minħabba f’xi

mandat maħruġ skont il-Kodiċi ta’ Organizzazzjoni u Proċedura

Ċivili.

(4) Persuna li dwarha jkun ħareġ ordni ta’ deportazzjoni

għandha titlaq minn Malta skont l-ordni u għandha imbagħad tibqa’

barra minn Malta sakemm dak l-ordni jibqa’ jseħħ.

(5) Persuna li dwarha jkun ħareġ ordni ta’ deportazzjoni tista’

tinżamm b’dak il-mod kif il-Ministru jordna sakemm titlaq minn

Malta u tista’ titqiegħed abbord ta’ bastiment li jkun wasal biex

jitlaq minn Malta, u għandha titqies li tkun taħt kustodja legali

waqt li tkun hekk miżmuma u sakemm il-bastiment jitlaq minn

Malta għal kollox.

(6) Il-kaptan ta’ bastiment b’kumditajiet xierqa għall-

passiġġieri li jkun ser jidħol f ’xi port barra minn Malta għandu,

jekk ikun hekk meħtieġ mill-Ministru jew mill-Uffiċjal Prinċipali

tal-Immigrazzjoni, jirċievi abbord tal-bastiment persuna li ordni ta’

deportazzjoni jkun ħareġ kontriha u lid-dipendenti tagħha, jekk

ikun hemm, u jagħtihom passaġġ bi ħlas għal dak il-port u post fejn

joqgħodu u manteniment xieraq matul il-vjaġġ.

(7) Il-Ministru jista’, jekk jidhirlu xieraq, juża kull flus jew

proprjetà ta’ persuna li kontriha jkun ħareġ ordni ta’ deportazzjoni

għall-ħlas tal-ispejjeż kollha jew parti minnhom ta’, jew li jkollhom

x’jaqsmu mal-vjaġġ minn Malta u għall-manteniment ta’ dik il-

persuna u tad-dipendenti tagħha (jekk ikollha) sakemm jitilqu.

(1) L-Uffiċjal Prinċipali tal-Immigrazzjoni għandu

jirrikonoxxi deċiżjoni ta’ tkeċċija maħruġa minn Stat Membru

ieħor li tkun f’konformità mad-disposizzjonijiet tad-Direttiva 2001/

40/KE tat-28 ta’ Mejju 2001 dwar ir-Rikonoxximent Reċiproku

tad-Deċiżjonijiet dwar it-Tkeċċija ta’ Ċittadini ta’ Pajjiż Terz, u

jieħu dawk il-miżuri neċessarji biex jeżegwixxi dik id-deċiżjoni.

(2) Id-dispożizzjonijiet ta’ dan l-artikolu għandhom japplikaw

għad-deċiżjonijiet ta’ tkeċċija li ma ġewx imħassra mill-Istat

Membru emittenti, fir-rigward ta’

(a) ċittadin ta’ pajjiż terz, li t-tkeċċija tiegħu hija bbażata

fuq theddida gravi u preżenti għall-ordni pubblika jew

għas-sigurtà nazzjonali, meħuda fil-każijiet li ġejjin

(i)

kundanna fl-Istat Membru emittenti, għal reat li

għalih hemm piena li tinvolvi privazzjoni ta’

libertà mill-anqas ta’ sena;

(ii) l-eżistenza ta’ raġunijiet serji biex wieħed

jikkonkludi li ċittadin ta’ pajjiż terz ikkommetta

reati kriminali serji, jew l-eżistenza ta’ prova

solida tal-intenzjoni tiegħu li jikkommetti dawk

ir-reati fit-territorju ta’ dak l-Istat Membru;

(b) ċittadin ta’ pajjiż terz li huwa s-suġġett ta’ deċiżjoni

ta’ tkeċċija bbażata fuq in-nuqqas ta’ ħarsien tar-regoli

nazzjonali dwar id-dħul jew ir-residenza tal-barranin.

(3) Id-disposizzjonijiet ta’ dan l-artikolu ma għandhomx

japplikaw għall-membri tal-familja ta’ persuni li eżerċitaw id-dritt

tagħhom ta’ moviment liberu skont id-disposizzjonijiet tal-Unjoni

Ewropea u l-leġislazzjoni Maltija.

(4) Ċittadin ta’ pajjiż terz li kontrih ħarġet deċiżjoni ta’

tkeċċija kif provdut fis-subartikolu (2), jista’ jiġi arrestat mingħajr

mandat mill-Uffiċjal Prinċipali tal-Immigrazzjoni jew minn xi

uffiċjal tal-Pulizija u filwaqt li jkun qed jinżamm hekk arrestat

għandu jitqies li jkun taħt kustodja legali.

(5) Ebda deċiżjoni ta’ tkeċċija maħruġa mill-Uffiċjal Prinċipali

tal-Immigrazzjoni jew mill-awtorità amministrattiva kompetenti

tal-Istat Membru m’għandha tiġi mfixkla minħabba f ’xi mandat

maħruġ skont il-Kodiċi ta’ Organizzazzjoni u Proċedura Ċivili.

(6) Id-disposizzjonijiet tal-artikoli 14 u 25A għandhom

japplikaw għall-ordnijiet ta’ tkeċċija u l-infurzar tal-ordnijiet ta’

tkeċċija meħuda kontra ċittadini ta’ pajjiżi terzi.

Jekk xi persuna li tkun tneħħiet minn Malta taħt deċiżjoni

ta’ ritorn, jew deċiżjoni ta’ ritorn u ordni ta’ tneħħija jew taħt ordni

ta’ deportazzjoni, jew ordni ta’ tneħħija fil-każ ta' ċittadin tal-

Unjoni jew membru tal-familja tiegħu li d-dritt ta’ moviment liberu

ġie ristrett, f’xi żmien titlob permess biex tinżel l-art jew permess

biex tinżel l-art u tibqa’ Malta jew jekk titlob biex tingħata permess

għal residenza, għandha tiddikjara espressament bil-miktub lill-

Uffiċjal Prinċipali tal-Immigrazzjoni dik iċ-ċirkostanza. Jekk

tonqos milli tagħmel hekk, kull permess tali jew permess għal

residenza li jingħatalha, ikun null u bla effett u hi tkun, ukoll,

minħabba biss dak in-nuqqas bla preġudizzju għal ħruġ ta’

deċiżjoni ta’ ritorn jew ta’ ordni ta’ deportazzjoni taħt dan l-Att,

ħatja ta’ reat u teħel, meta tinstab ħatja mill-Qorti tal-Maġistrati,

multa ta’ mhux iżjed minn elf, mija u ħamsa u sittin euro (1,165)

jew priġunerija għal żmien ta’ mhux aktar minn sitt xhur jew dik il-

multa u priġunerija flimkien.

(1) Kull permess mogħti jew estiż taħt l-Ordinanza tal-

1948 dwar l-Immigrazzjoni ta’ Sudditi Ingliżi jew l-Ordinanza tal-

1948 dwar il-Barranin * sabiex xi persuna tkun tista’ tinżel l-art jew

tinżel l-art u tibqa’ Malta, għandu jitqies li ingħata jew ġie estiż

għal dik il-parti tal-perijodu li tkun għadha fis-seħħ skont id-

disposizzjonijiet ta’ dan l-Att u dan l-Att għandu japplika għal dak

il-permess skont hekk

*Dawn l-Ordinanzi ġew revokati bl-artikolu 37 ta’ dan l-Att kif oriġinarjament prom-

ulgat u li qed jiġi mħolli barra taħt l-Att tal-1980 dwar ir-Reviżjoni tal-Liġijiet Statutarji.

Iżda l-kondizzjonijiet li taħthom ingħata dak il-permess,

jekk ma jiġux mibdula mill-Uffiċjal Prinċipali tal-Immigrazzjoni,

għandom jibqgħu jseħħu.

(2) Kull permess ta’ xogħol jew impieg li ngħata jew ġie estiż

skont waħda mill-liġijiet imsemmija fis-subartikolu (1), għandu

jitqies li ngħata jew ġie estiż għal dik il-parti tal-perijodu li tkun

għadha fis-seħħ skont l-artikolu 11(3) u dan l-Att għandu japplika

skont hekk

Iżda l-kondizzjonijiet li taħthom ingħata dak il-permess,

jekk ma jkunux mibdula mill-Prim Ministru għandhom jibqgħu

jseħhu.

(3) Kull persuna li tkun ingħatat skont l-artikolu 36 tal-

Ordinanza tal-1948 dwar l-Immigrazzjoni ta’ Sudditi Ingliżi * ,

eżenzjoni li tkun tatha d-dritt li tistabbilixxi r-residenza tagħha

permanenti jew residenza għal żmien indefinit f’Malta jew li tkun

ingħatat xi dritt bħal dan taħt xi disposizzjoni oħra ta’ waħda mill-

liġijiet imsemmija fis-subartikolu (1), għandha titqies li ngħatat

permess għal residenza u dan l-Att għandu japplika skont hekk

Iżda l-kondizzjonijiet li taħthom tkun ingħatat dik l-

eżenzjoni jew xi dritt bħal dan, jekk ma kienux mibdula mill-

Uffiċjal Prinċipali tal-Immigrazzjoni, għandhom jibqgħu jseħħu

b’żieda mal-kondizzjoni mifhuma msemmija fl-artikolu 11(1).

(4) Kull persuna, li kienet ordinarjament residenti f’Malta għal

perijodu kontinwu ta’ mhux inqas minn ħmistax-il sena minnufih

qabel il-bidu fis-seħħ ta’ dan l-Att u li ma hijiex persuna li taqa’

taħt is-subartikolu (1) jew (3), għandha titqies li jkun ingħata lilha

permess biex tinżel l-art u tibqa’ f ’Malta skont l-artikolu 6(1)(b)

għall-perijodu ta’ sena mill-bidu fis-seħħ ta’ dan l-Att u, ħlief kif

provdut fis-subartikolu li jiġi minnufih wara dan, id-

disposizzjonijiet kollha ta’ dan l-Att għandhom japplikaw skont

hekk.

(5) Bla ħsara għall-imposizzjoni ta’ xi kondizzjonijiet taħt l-

artikolu 11(3), is-subartikolu (2) tal-istess artikolu ma għandux

japplika, bla ħsara tad-disposizzjonijiet ta’ kull liġi oħra, għal kull

persuna msemmija fis-subartikolu li jiġi minnufih qabel dan matul

l-imsemmi perijodu ta’ sena mill-bidu fis-seħħ ta’ dan l-Att.

TAQSIMA V

ĠENERALI

*Revokata bl-artikolu 37 ta’ dan l-Att kif oriġinarjament promulgat liema artikolu qed

jiġi mħolli barra taħt l-Att tal-1980 dwar ir-Reviżjoni tal-Liġijiet Statutarji.

(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.

(3) Nothing in this article shall affect the obligation of any

person who does not fulfil or who no longer fulfils the conditions

of entry, residence or free movement to leave Malta voluntarily

without delay.

(4) Removal of a person shall be to that person’s country of

origin or to any other State to which he may be permitted entry, in

particular under the relevant provisions of any applicable re-

admission agreement concluded by Malta and in accordance with

international obligations to which Malta may be party

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 International Protection 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 International Protection 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.

(5) Nothing in this article shall preclude or prejudice the

application of Maltese law on the right to asylum and the rights of

refugees and of Malta’s international obligations in this regard.

(6) On an application made by the Principal Immigration

Officer to the Board, the Board, if satisfied that any expenses have

been or will be incurred by the Government in connection with the

maintenance, medical treatment or return of a prohibited immigrant

or his dependants, may issue an executive warrant against a

prohibited immigrant and may also order the forfeiture of such

amount of any moneys in his possession as is to be recovered. A

warrant issued under this sub-article may be enforced in the same

manner as a warrant issued in virtue of an executive title for a civil

debt by a Court in the exercise of its civil jurisdiction. The partial

recovery of expenses under this subarticle shall not prejudice the

liability of any surety for the balance, nor shall the issue or

execution of a warrant under this article be a condition precedent to

the liability of a surety.

(7) The Minister may make regulations for the purpose of

implementing the provisions of this article and in particular for

further regulating the manner and procedure for, and the costs of,

return.

(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.

15. (1) A carrier by sea or air shall be obliged to take all

necessary measures to ensure that a person carried by it to Malta is

in possession of the travel documents and any visa or other

authorisation required for entry into, or transit through, Maltese

territory before transporting such person to Malta.

(2) At the request of the Principal Immigration Officer the

carrier shall return a person refused entry on the grounds of not

being in possession of any visa or document mentioned in the

preceding subarticle, either to the State from which he was

transported, or to the State which issued the travel document on

which he travelled, if any, or to any other State to which he is

guaranteed entry.

(3) At the request of the Principal Immigration Officer the

carrier shall also return, as specified in subarticle (2), a third

country national in transit through Malta if the carrier which was to

take him to his country of destination refuses to take him on board

or the authorities of the state of destination have refused him entry

and have sent him back to Malta.

(4) A carrier which cannot return a person as laid down in

subarticles (2) and (3), shall find the means of onward

transportation immediately and bear the costs thereof, or, if

immediate onward transportation is not possible, he shall assume

responsibility for the costs of the stay and return of the person

concerned.

(5) A carrier may not carry from any State to Malta a person

who is not in possession of any travel document, visa or other

special authorisation where required under this Act, required for his

lawful entry into Malta and in case of such default such carrier

shall be liable to pay to the Principal Immigration Officer such

penalty as may be established by him, not being more than eleven

thousand and six hundred and forty-six euro and eighty-seven cents

(11,646.87) for each person carried or such other maximum sum as

m a y b e p r e s c r i b e d b y t h e M i n i s t e r. S u c h p e n a l t y s h a l l b e

recoverable by the Principal Immigration Officer, after the term

within which an appeal to the Board may be entered, has elapsed

without an appeal having been entered, or after the decision of such

Board as a civil debt due to the Government and the provisions of

article 466 of the Code of Organization and Civil Procedure shall,

notwithstanding any other provision to the contrary, mutatis

mutandis apply to such debt.

16. Any person who acts in contravention of article 5(1), or is

reasonably suspected of having so acted, 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.

17. Notwithstanding any other law to the contrary, no return

decision or rem oval 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

Provided that this article shall not apply to orders issued by

the Constitutional Court.

18. Revoked by Act XXIII. 2002.15.

19. A person against whom a return decision and removal

order is made or to whom the next following article applies shall be

removed from Malta -

(a) if he is not a member of a crew, to the country of which

he is a national or from which he embarked for Malta;

(b) if he is a member of a crew, to the country of which he

is a national or where he was engaged

Provided that the Minister may, at the request of such

person, direct that he be removed to another country.

20. (1) Any person to whom this article applies shall be

removed from Malta by the master of the vessel in which he arrived

or, if directions for the purpose are given by the Minister or by the

Principal Immigration Officer, by the owner or agents of that

vessel.

(2) It shall be lawful (notwithstanding any intervening

prosecution) for the Principal Immigration Officer or any Police

officer to place any person to whom this article applies on board

the vessel in which he arrived in Malta or on board any vessel

belonging to the same owners for removal from Malta.

(3)

This article shall apply to -

(a) any person to whom leave to land has been refused;

(b) any person who, not having been granted leave to land,

is found on shore in Malta;

(c) any member of a crew who, having been granted leave

to land or leave to land and remain in Malta under

article 6(1)(a), is reasonably suspected of having acted

or of being about to act in contravention of this Act

Provided that this article shall not apply, in so far as it

imposes an obligation on the master, owner or agents of the vessel

in which a person arrived in Malta, if a period exceeding six

months has elapsed since the date of the last landing of such person

in Malta from that vessel.

21. The master of any vessel shall detain on board any person

arriving in that vessel, whether member of a crew or passenger, to

whom leave to land has been refused by the Principal Immigration

Officer, while such vessel is in the territorial waters of Malta, and a

person so detained shall be deemed to be in legal custody.

22. (1) Without prejudice to special provisions which may be

made under Part III of this Act, the Minister may, if he deems it to

be conducive to the public good, make a deportation order against

any person.

(2) A deportation order may be made subject to any condition

which the Minister may deem proper.

(3) Notwithstanding any other law to the contrary, no

deportation order shall be obstructed, nor shall the implementation

of such order be delayed, by means of any warrant issued under the

Code of Organization and Civil Procedure.

(4) A person with respect to whom a deportation order is made

shall leave Malta in accordance with the order and shall thereafter

so long as the order is in force remain out of Malta.

(5) A person with respect to whom a deportation order is made

may be detained in such manner as may be directed by the Minister

until he leaves Malta and may be placed on board a vessel about to

leave Malta, and shall be deemed to be in legal custody whilst so

detained and until the vessel finally leaves Malta.

(6) The master of a vessel with adequate passenger facilities

about to call at any port outside Malta shall, if so required by the

Minister or by the Principal Immigration Officer, receive a person

against whom a deportation order has been made and his

dependants, if any, on board the vessel, and afford them against

payment a passage to that port and proper accommodation and

maintenance during the passage.

(7) The Minister may, if he thinks fit, apply any money or

property of a person against whom a deportation order has been

made in payment of the whole or any part of the expenses of or

incidental to the voyage from Malta and of the maintenance until

departure of that person and his dependants (if any).

23. (1) The Principal Immigration Officer shall recognise a

decision of expulsion issued by another Member State in 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

m embers of p ersons who have e xercised t heir righ t 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.

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.

25. (1) Any leave granted or extended under the Immigration

(British Subjects) Ordinance, 1948, or the Aliens Ordinance,

1949 * , for the purpose of allowing any person to land or to land and

remain in Malta, shall be deemed to have been granted or extended

for the unexpired portion of its duration under the provisions of this

Act and this Act shall apply to such leave accordingly

Provided that the conditions attached to such leave, unless

modified by the Principal Immigration Officer, shall continue to

apply.

(2) Any permit of work or employment granted or extended

under one of the laws mentioned in sub-article (1), shall be deemed

to have been granted or extended for the unexpired portion of its

duration under article 11(3) and this Act shall apply accordingly

Provided that the conditions attached to such permit, unless

modified by the Minister shall continue to apply.

(3) Any person who has been granted under article 36 of The

Immigration (British Subjects) Ordinance, 1948,* an exemption

which has conferred on him the right to establish his permanent

residence or residence for an indefinite period in Malta or who has

been granted any corresponding right under any other provision of

one of the laws mentioned in sub-article (1), shall be deemed to

have been granted a residence permit and this Act shall apply

accordingly

Provided that the conditions attached to the granting of any

such exemption or corresponding right, unless modified by the

Principal Immigration Officer, shall continue to apply in addition to

the implied condition referred to in article 11(1).

(4) Any person, who has been ordinarily resident in Malta

continuously for a period of at least fifteen years immediately

before the coming into force of this Act and who is not a person

falling under sub-article (1) or (3), shall be deemed to have been

granted leave to land and remain in Malta under article 6(1)(b) for

*Repealed by article 37 of this Act as originally enacted and which is being omitted

under the Statute Law Revision Act, 1980.

the period of one year from the coming into force of this Act and,

save as provided in the next following sub-article, all the

provisions of this Act shall apply accordingly.

(5) Without prejudice to the imposition of any conditions under

article 11(3), sub-article (2) of the same article shall not apply,

saving the provisions of any other law, to any person referred to in

the last preceding sub-article during the said period of one year

from the coming into force of this Act.

PART IV

GENERAL

25A. (1) (a) There shall be a board, to be known as the

Immigration Appeals Board, hereinafter referred to as the Board

consisting of a lawyer who shall preside, a person versed in

immigration matters and another person, each of whom shall be

appointed by the President acting on the advice of the Minister

Provided that the Minister may by regulations prescribe

that the Board shall consist of more than one division each

composed of a Chairman and two other members as aforesaid.

(b) The Minister may make regulations to regulate the

distribution by types of appeals or applications amongst the

divisions of the Board.

(c) The Board shall have jurisdiction to hear and determine

appeals or applications in virtue of the provisions of this Act or

regulations made thereunder or in virtue of any other law.

(2) A member of the board shall be disqualified from hearing

an appeal in such circumstances as would disqualify a judge in

terms of Sub-Title II of Title II of Book Third of the Code of

Organization and Civil Procedure; and in any such case either the

member shall be substituted by another person appointed for the

purpose by the President acting on the advice of the Minister, or the

appeal, when there is more than one division of the Board in office,

may be referred by order of the Board from one division of the

Board to another.

(3) The members of the Board shall hold office for a period of

three years, and shall be eligible for re-appointment.

(4) A member of the Board may be removed from office by the

President acting on the advice of the Prime Minister, on grounds of

gross negligence, conflict of interest, incompetence, or acts or

omissions unbecoming a member of the Board.

(5) Any person aggrieved by any decision of the competent

authority under any regulations made under Part III, or in virtue of

article 7, article 14 or article 15 may enter an appeal against such

d e c i s io n a n d t h e B o a r d s h a l l h a v e j u r i s d i c t i o n t o h e a r a n d

determine such appeals.

(6) During the course of any proceedings before it, the Board,

may, even on a verbal request, grant provisional release to any

person who is arrested or detained and is a party to proceedings

before it, under such terms and conditions as it may deem fit, and

the provisions of Title IV of Part II of Book Second of the Criminal

Code shall, mutatis mutandis apply to such request.

(7) Any appeal has to be filed in the Registry of the Board

within three working days from the decision subject to appeal

Provided that the period applicable for the filing of an appeal

from the refusal, annulment or revocation of a visa shall be of fifteen

days.

(8) The decisions of the Board shall be final except with

respect to points of law decided by the Board regarding decisions

affecting persons as are mentioned in Part III, from which an

appeal shall lie within ten days to the Court of Appeal (Inferior

Jurisdiction). The Rule Making Board established under article 29

of the Code of Organization and Civil Procedure may make rules

governing any such appeal.

(9) The Board shall also have jurisdiction to hear and

determine applications made by persons in custody in virtue only of

a deportation order or return decision and removal order to be

released from custody pending the determination of any application

under the International Protection Act or otherwise pending their

deportation in accordance with the following subarticles of this

article.

(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

International Protection 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.

(11) The Board shall not grant such release in the following

cases

(a) when elements on which any claim by applicant under

the International Protection Act is based, have to be

determined, where the determination thereof cannot be

achieved in the absence of detention;

(b) where the release of the applicant could pose a threat

to public security or public order.

(12) A person who has been released under the provisions of

subarticles (9) to (11) may, where the Principal Immigration

Officer is satisfied that there exists a reasonable prospect of

deportation or that such person is not co-operating with the

Principal Immigration Officer with respect to his repatriation to his

country of origin or to another country which has accepted to

receive him, and no proceedings under the International Protection

Act are pending, be again taken into custody pending his removal

from Malta.

(13) It shall be a condition of any release under subarticles (9) to

(12) that the person so released shall periodically (and in no case

less often than once every week) report to the immigration

authorities at such intervals as the Board may determine.

(1) The Prime Minister and the Minister may each

authorise in writing another Minister, a public officer not below the

rank of a Head of Department, or a body corporate established by

law, to exercise on his behalf all or any and the powers conferred

on him as Prime Minister or Minister, as the case may be, by this

Act, excluding in respect of the Prime Minister the powers

conferred by article 3(1) and in respect of the Minister responsible

for the interior, the powers conferred by the proviso to article 14(2)

and article 36

Provided that the Prime Minister and the Minister may

each, as the case may be, authorise under this sub-article different

persons for different purposes.

(2) Any such authorisation and any repeal thereof shall be

published by notice in the Gazette and shall have effect from the

date of such publication unless a later date is indicated in the same

notice.

The Principal Immigration Officer shall have power to

enter or board any vessel and to detain and examine any person

arriving at or leaving any port of Malta whom he reasonably

supposes not to be an exempt person and to require the production

of any prescribed documents by such person, and shall have such

other powers and duties as are conferred upon him by or under this

Act or as may be prescribed for giving effect to this Act.

(1) Every person landing or embarking in Malta shall be in

p o s s e s s i o n o f a p a s s po r t a n d s ha l l f u r n is h t o t h e P r i n c i p a l

Immigration Officer the prescribed information and such other

information as the Principal Immigration Officer may deem proper

to require.

(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.

(1) The master of any vessel landing or embarking at any

port in Malta passengers coming from or bound for a destination

outside Malta shall furnish, to such person and in such manner as

may be prescribed, a return giving the prescribed particulars with

respect to any passengers and every passenger shall furnish to the

master of the vessel any information required by him for the

purpose of the return. The same return shall be furnished at the

request of such person by the master of any other vessel arriving at

any port in Malta from a port outside Malta.

(2) The master of any vessel arriving at any port in Malta from

a port outside Malta shall furnish, to such person and in such

manner as may be prescribed, a return giving the prescribed

particulars with respect to any members of the crew.

(3) The particulars prescribed for the purpose of sub-article (1)

or (2) in relation to the passengers or members of the crew of an

aircraft may be different from those prescribed in relation to any

other passengers or members of a crew.

Any person, not being an exempt person, who lands in

Malta pursuant to or under any regulation made under articles 44

and/or 50 of the Prevention of Disease Ordinance shall be deemed

to have landed and to be in Malta with the leave of the Principal

Immigration Officer for the purpose of the regulation in pursuance

whereof or under which he has so landed and such purpose shall be

deemed to be the declared purpose referred to in article 13.

(1) It shall be the duty of the keeper of any premises to

which this article applies to keep a register of all persons staying at

the premises who are not exempt persons.

(2) The keeper of any premises to which this article applies

shall, on the arrival of any person who is not an exempt person,

ascertain and enter or cause to be entered in the register kept for the

purpose the name and nationality of such person, together with the

date of his arrival and the address from which he last came; and on

departure of any such person the keeper of the premises shall enter

or cause to be entered in the register the date of departure and the

destination on departure of that person.

(3) The keeper of any premises to which this article applies

shall also, if directions for the purpose are issued by the Minister,

make to the Principal Immigration Officer such returns concerning

the persons staying at the premises, at such times or intervals and in

such form, as may be specified in such directions.

(4)

It shall be the duty -

(a) of every person above the age of fourteen years

staying at any premises to which this article applies to

sign, when so required, a statement as to his

nationality, and, if not an exempt person, to furnish

and sign a statement of the particulars required under

this article;

(b) of the keeper of any premises to which this article

applies to require any person above the age of fourteen

years who stays at the premises to sign the statement

and furnish the particulars required from him under

this article and to preserve such statements (including

any statements supplied under this article to any

previous keeper of the premises) for a period of two

years from the date when the statements were signed.

(5) Every register kept, and all particulars furnished, under this

article, shall at all reasonable hours be open for inspection by any

Police officer or by the Principal Immigration Officer.

(6) The Minister may prescribe the form in which a register is

to be kept or statements furnished under this article.

(7) Any person who fails to comply with any of the provisions

of this article shall be guilty of an offence and shall be liable, on

conviction, to a fine (multa) of not less than one thousand and one

hundred and sixty-four euro and sixty-nine cents (1,164.69) but not

exceeding four thousand and six hundred and fifty-eight euro and

seventy-five cents (4,658.75) or to imprisonment for a term not

exceeding one year, or to both such fine and imprisonment.

(8) This article applies to any premises, whether furnished or

unfurnished, where lodging or sleeping accommodation is provided

for reward.

(1) Any person who -

(a) aids or assists any person to land or attempt to land in

Malta, or to reside in Malta, contrary to the provisions

of this Act, or any person to land or attempt to land, or

to reside in, or to leave any other State contrary to the

law on entry, residence and exit of that State, or

conceals or harbours any person whom he knows, or

has reasonable ground for believing, to be in Malta

contrary to the provisions of this Act; or

(b) takes in his employment, or gives work to, any person

who is not an exempt person and is not in possession

of a licence granted to him for the purpose of such

employment or work under the provisions of this Act,

or otherwise aids or assists any person who is not an

exempt person in the commission of an offence

contemplated in article 23; or

(c) in relation to any information to be given under or for

purposes of this Act, makes or causes to be made any

false return, false statement or false representation; or

(d) forges any document or true copy of a document or an

entry made in pursuance of this Act; or

(e) obstructs or impedes any person in the lawful exercise

of his powers or duties under this Act; or

(f)

without lawful authority uses or has in his possession

any document required for the purposes of this Act

which is forged; or

(g) contravenes any provision of this Act in respect of

which an offence is not established under any other

article of this Act,

shall be guilty of an offence and shall be liable, on conviction by

the Court of Magistrates, to a fine (multa) not exceeding eleven

thousand and six hundred and forty-six euro and eighty-seven cents

(11,646.87) or to imprisonment for a term not exceeding two years

or to both such fine and imprisonment, unless a greater punishment

is established for such offence by another law

Provided that the Principal Immigration Officer 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.

(2) Where the competent authority in Malta is requested by

another State to prosecute for an offence under subarticle (1)(a),

the competent authority shall first request the competent authority

of the Sate making the request for prosecution to specify, by means

of an official denunciation or a certificate, the provisions of law

which the latter State considers to have been infringed.

In any proceedings under this Act -

(a) the burden of proof that a person is an exempt person

or that a person is not a prohibited immigrant under the

provision of article 5(2)(a) shall be upon that person;

(b) a document purporting to be a removal order or return

decision or a deportation order shall be presumed,

until the contrary is proved, to be the document which

it purports to be;

(c) any order made under this Act shall be presumed, until

the contrary is proved, to have been validly made and

to have been made on the date on which it purports to

have been made.

(1) A person detained in custody under this Act, other than

under article 10 or 22, but not serving a sentence of imprisonment,

may be detained either in prison or in any place appointed for the

purpose by the Minister by notice in the Gazette * , but if detained in

prison he shall be treated as a person awaiting trial.

(2) The Minister may make regulations for the management,

control and discipline of any place appointed by him under sub-

article (1) for the detention of persons, for the diet of the persons

detained therein, and for the punishment of persons detained

therein for any offence committed by them against such

regulations

Provided that such punishment may not exceed the

punishment established in the Criminal Code for contraventions.

(3) The Minister may also make regulations to establish a body

corporate or unincorporate which shall be responsible for keeping

in detention persons liable to be kept in detention under the

provisions of this Act or under regulations made thereunder and

without prejudice to the generality of the aforesaid, such

regulations m ay make provision for any matter whatsoever

concerning the functions, funding, staffing, organization and

administration of such body as well as for any other matter deemed

necessary or expedient by the Minister to enable that body to carry

out its functions under the regulations and for any other purpose

consequential or ancillary to the aforesaid.

(4) The Minister may also make regulations to establish a body

corporate or unincorporate which shall be responsible for the

accommodation in open reception centres of persons who qualify

for such accommodation under the provisions of the International

Protection Act, or regulations made thereunder, and without

*See Legal Notices 20 of 1994 and 193 of 1996

prejudice to the generality of the aforesaid, such regulations may

make provision for any matter whatsoever concerning the

functions, funding, staffing, organization and administration of

such body as well as for any other matter deemed necessary or

expedient by the Minister to enable that body to carry out its

f u n c t i o n s u n d e r t h e r e g u l a t i o n s a n d f o r a n y o t h e r p u r p o se

consequential or ancillary to the aforesaid.

(1) Notwithstanding anything in this Act or in any other

law contained, but subject to any provisions made under Part III of

this Act, the Minister may also prohibit the entry into Malta of any

person who, in the opinion of the Minister, is not provided with

suitable accommodation in the island.

(2)

The last preceding sub-article shall not apply -

(a) to any person who is a citizen of Malta by virtue of

article 22(1) or of article 25(1) of the Constitution of

Malta or who is deemed to be such a citizen under

article 44(4) of the said Constitution; and

(b) to any other citizen of Malta who -

(i) has emigrated from Malta;

(ii) was resident in Malta and has during the two

years immediately before emigrating been so

resident for a continuous period of one year or

for periods amounting in the aggregate to one

year; and

(iii) returns to Malta within two years after his

departure therefrom.

(1) Without prejudice to any provision of this Act vesting

the power to make regulations in the Minister, the Minister may

make regulations for prescribing anything which is by this Act to

be prescribed and generally for carrying the purposes or provisions

of this Act into effect, and such power shall include that of

providing that any person who contravenes or fails to comply with

the provisions of any one or more regulations shall be guilty of an

offence against such regulations and of establishing the penalty for

such infringement which shall be a fine (multa) not exceeding five

thousand euro (€5,000) or imprisonment not exceeding six months,

or both such fine and imprisonment.

(2) In particular, the Minister may make regulations to

regulate

(a) any border checks which may be ordered, their scope,

nature and frequency, the classification of different

borders, the designation of official points of entry in,

and exit from, Malta, and the hours when such entry or

exit may take place;

(b) the position of the holders of diplomatic, service and

other official passports as well as of other categories

of persons in all matters which are the subject of this

Act;

(c) the abolition of checks at the borders and matters

related thereto, in line with the European Union

Schengen acquis;

(d) the standards and procedures for returning illegally

staying third-country nationals;

(e) the better implementation of the provisions of this Act.

Without prejudice to any provision of this Act granting the

Minister the power to make regulations, the Minister may, subject

to the provisions of the Exclusive Economic Zone Act, from time to

time, make, amend, substitute or repeal regulations for the purpose

of regulating, prescribing or otherwise providing for any matters

regulated by or under this Act or by or under any subsidiary

legislation made thereunder, in respect of an exclusive economic

zone area or an environment protection area as defined in the

Exclusive Economic Zone Act or any activities therein including,

but not limited, to the applicability or otherwise of this Act and, or

of any subsidiary legislation made thereunder.