INTERNATIONAL PROTECTION ACT

CHAPTER 420

INTERNATIONAL PROTECTION ACT

AN ACT to make provisions relating to and establishing procedures with

regard to refugees and international protection seekers.

1st October, 2001

ACT XX of 2000, as amended by Act VIII of 2004; Legal Notices 40 of

2005 and 426 of 2007; and Acts VII of 2008, VI and VII of 2015 and XX of

2017 and XXI and XL of 2020 and XIX of 2022 and Legal Notice 198 of

2020 and Acts XXXV of 2023 and III of 2025.

PART I

General Provisions

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

Act.

(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.

(Article 24)

Algeria

Australia

Bangladesh

Ghana

Benin

India

Botswana

Jamaica

Brazil

Japan

Morocco

Canada

New Zealand

Cape Verde

Senegal

Tunisia

Chile

United States of America

Costa Rica

Egypt

Uruguay

Gabon

Member States of the European

Union and European Economic Area

In this Act, unless the context otherwise requires -

"applicant" means a third country national or a stateless person

who has made an application for international protection in respect

of which a final decision has not yet been taken by the International

Protection Agency or the International Protection Appeals Tribunal;

"application for international protection" means a request made

by a third country national or a stateless person which can be

understood as a request for international protection unless the third

country national explicitly requests another kind of protection

outside the scope of this Act that can be applied for separately;

"applicant in need of special procedural guarantees" means an

applicant whose ability to benefit from the rights and comply with

the obligations provided for in this Act or any subsidiary

l e g i s l a t i o n m a d e t h e r e u n d e r, i s l i m i t e d d u e t o i n d i v i d u a l

circumstances;

"beneficiary of international protection" means a person who has

been granted refugee status or subsidiary protection status in

accordance with article 8 and article 17;

"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;

"Convention" or "Geneva Convention" means the 1951

Convention relating to the Status of Refugees done at Geneva on

28th July, 1951, to which Malta acceded on 17th June, 1971, and

the 1967 Protocol relating to the Status of Refugees of 31st

January, 1967 to which Malta acceded on 15th September, 1971,

subject to the declarations and reservations made by Malta;

"Convention Travel Document" means the travel document

referred to in article 28 of the Convention;

"country of origin" means the country or countries of nationality

or, for stateless persons, of former habitual residence;

"declaration" means a declaration that a person is a refugee;

"determining authority" means the International Protection Agency;

"Directives" means Council Directive 2011/95/EU 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 and Council Directive 2005/

85/EC of 1 December 2005 on minimum standards on procedures

in Member States for granting and withdrawing refugee status;

"family members" means, in so far as the family already existed

in the country of origin, the following members of the family of the

beneficiary of international protection who are present in Malta in

relation to the application for international protection

(a) the spouse of the beneficiary of international protection, or

his or her unmarried partner in a stable relationship where

recognised by law;

(b) the minor children of the spouse or partner or of the

beneficiary of international protection referred to in

paragraph (a) above, on condition that they are

unmarried and regardless of whether they were born in

or out of wedlock or adopted as defined under national

law;

(c) the father, mother or another adult responsible for the

beneficiary of international protection whether by law or

by the practice of the Member State concerned, when that

beneficiary is a minor and unmarried;

"final decision" means a decision on whether the third country

national or stateless person be granted refugee status or subsidiary

protection status which is not subject to appeal, irrespective of whether

such decision has the effect of allowing the applicants concerned to

remain in Malta pending its outcome;

"first country of asylum" means that country where an applicant

for international protection

(a) has been recognised in that country as a refugee and he

can still avail himself of that protection; or

(b) he otherwise enjoys sufficient protection in that

country including benefiting from the principle of non-

refoulement and subject to re-admission to that

country;

"the High Commissioner" means the United Nations High

Commissioner for Refugees or his representative;

"international protection" means refugee status or subsidiary

protection;

"legal adviser" means a person who is authorised to practise the

legal profession in Malta in terms of the Code of Organization and

Civil Procedure;

"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)(d); 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.

"the Minister" means the Minister responsible for immigration,

and any public officer to whom the Minister may delegate in

writing any of the duties appertaining to him under this Act;

"minor" means a third country national or stateless person below the

age of eighteen years;

"person eligible for subsidiary protection" means a third country

national who does not qualify as a refugee but in respect of whom

substantial grounds have been shown for believing that the person

concerned, if returned to his country of origin, would face a real

risk of suffering serious harm, and is unable or, owing to such risk,

unwilling to avail himself of the protection of that country, and has

not been excluded from being eligible for such protection under

article 17(1);

"prescribed" means prescribed by regulation, rule, order or other

instrument made under any of the provisions of this Act

empowering the making of any such instrument;

"refugee" means a third country national who, owing to a well-

founded fear of being persecuted for reasons of race, religion,

nationality, membership of a particular social group or political

opinion, is outside the country of his nationality and is unable or,

owing to such fear, is unwilling to avail himself of the protection of

that country; or who, not having a nationality and being outside the

country of his former habitual residence, as a result of such events

is unable or, owing to such fear, is unwilling to return to it, but does

not include a person excluded in terms of article 12

Provided that in the case where a person has more than one

nationality, the term "country", mentioned above, shall refer to

each country of which he is a national, and such a person shall not

be considered as not having the protection of his country if, without

any founded fear of persecution, he has not sought the protection of

one of the countries of which such a person is a national

Provided further that

(a) acts of persecution within the meaning of Article 1A

of the Convention must be sufficiently serious by their

nature or repetition as to constitute a severe violation

of basic human rights, in particular the right from

which derogation cannot be made under Article 15(2)

of the European Convention for the Protection of

Human Rights and Fundamental Freedoms; or

(b) be an accumulation of various measures, including

violations of human rights, which is sufficiently severe

as to affect an individual in a similar manner as in

paragraph (a).

For the purpose of paragraph (a), "acts of persecution" means

(a) acts of physical or mental violence, including acts of

sexual violence;

(b) legal, administrative, police, and/or judicial measures

which are in themselves discriminatory or which are

implemented in a discriminatory manner;

(c) prosecution or punishment which is disproportionate

or discriminatory;

(d) denial of judicial redress resulting

in

a

disproportionate or discriminatory manner;

(e) prosecution or punishment for refusal to perform

military service in a conflict, where performing

military service would include crimes or acts falling

within the scope of the grounds for exclusion as set out

in article 12(2);

(f)

acts of a gender-specific or child-specific nature

Provided that refugee status on the grounds of fear of

persecution shall only be granted if there is a connection between

the reasons for persecution mentioned in regulation 18 of the

Procedural Standards in Examining Applications for International

Protection Regulations and the acts of persecution referred to in

this definition;

"refugee status" means the recognition of a third country national

or stateless person as a refugee;

"remain" means to remain in the territory, including at the border

or in transit zones, of the Member State in which the application for

international protection has been made or is being examined; the

right to remain shall not constitute an entitlement to a residence

permit;

"representative" means a person or an organisation appointed by

the competent bodies in order to assist and represent an

unaccompanied minor in asylum procedures with a view to

ensuring the best interests of the child and exercising legal capacity

for the minor where necessary. Where an organisation is appointed

as a representative, it shall designate a person responsible for

carrying out the duties of a representative in respect of the

unaccompanied minor;

"Member State" shall have the same meaning assigned to it by

article 2 of the European Parliament Elections Act;

"safe country of origin" means a country of which the applicant,

for the purpose of international protection

(a) is a national; or

(b) being a stateless person, was formerly habitually

resident in that country;

and he has not submitted any serious grounds for considering the

c ou nt ry no t t o b e a s a f e co unt r y o f o ri gi n i n h is p a rt ic ula r

circumstances;;

"safe third country" means a country of which the applicant is

INTERNATIONAL PROTECTION

not a national or citizen and where -

(a) life and liberty are not threatened on account of race,

religion, nationality, membership of a particular social

group or political opinion;

(b) the principle of non-refoulement in accordance with

the Convention is respected;

(c) the prohibition of removal, in violation of the right to

freedom from torture and cruel, inhuman or degrading

treatment as laid down in international law, is

respected;

(d) the possibility exists to request refugee status and, if

found to be a refugee, to receive protection in

accordance with the Convention;

(e) the applicant had resided for a meaningful period of

time prior to his entry into Malta;

(f)

there is no risk of serious harm as defined in this

article;

"serious harm" means

(a) death penalty or execution; or

(b) torture or inhuman or degrading treatment or

punishment of an applicant in the country of origin; or

(c) serious and individual threat to a civilian’s life or

person by reason of indiscriminate violence in

situations of international or internal armed conflict;

"sub sequent application" m eans a further application for

international protection made after a final decision has been taken

on a previous application;

"subsidiary protection status" means the recognition of a third

country national or a stateless person as a person eligible for

subsidiary protection under Part IV;

"the Tribunal" means the International Protection Appeals Tribunal

as established by article 5;

"unaccompanied minor" means a person below the age of

eighteen years who arrives in Malta unaccompanied by an adult

responsible for him whether by law or by custom, for as long as he

is not effectively taken into the care of such a person and includes

any minor who is left unaccompanied after he has entered Malta;

"withdrawal of international protection" means the decision by

the International Protection Agency to revoke, end or refuse to renew

the refugee or subsidiary protection status of a person.

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).

PART II

Chief Executive Officer

(1) There shall be a person who shall be known as The

Chief Executive Officer.

(2) The Chief Executive Officer shall be appointed by the Prime

Minister from among public officers or from among persons who in

each case, in the opinion of the Prime Minister, have knowledge

and experience in matters relating to refugees.

(3) The Chief Executive Officer shall perform such functions as

are conferred on him by this Act, and without prejudice to the

generality of the above, shall examine applications for refugee

status and shall have the power to administer oath to any person.

(4) The Prime Minister may assign public officers to be

members of the staff of The Chief Executive Officer as he may

consider necessary to assist The Chief Executive Officer in the

performance of his functions.

(5)

(a) Without prejudice to the provisions of subarticle (4)

there shall be a Deputy to the Chief Executive Officer

(hereinafter referred to as the Deputy) as the Prime

Minister may by notice in the Gazette from time to

time determine.

(b) The Deputy shall be appointed by the Prime Minister

from among public officers and from among persons

who in each case, in the opinion of the Prime Minister,

have knowledge and experience in matters relating to

refugees.

(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.

PART III

International Protection Appeals Tribunal

(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.

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.

(1) The Tribunal shall have power to hear and determine

appeals against a decision of the International Protection Agency

including appeals from decisions for the transfer of a third country

national from Malta to another Member State in accordance with the

provisions of Council Regulation 604/2013 establishing the criteria

and mechanisms for determining the Member State responsible for

examining an application for international protection lodged in one of

the Member States by a third country national or stateless person.

(1A) For the purpose of this article, an appeal for a full and ex

nunc examination of both facts and points of law shall lie against

(a) a decision taken on an application for international

protection

(i)

considering an application to be unfounded in

relation to refugee status and, or subsidiary

protection status;

(ii) considering an application to be inadmissible

pursuant to article 24;

Provided that for the purpose of this provision, the

review conducted by the Chairperson of the

International Protection Appeals Tribunal shall be

deemed to constitute an appeal.

(iii) not to conduct an examination pursuant to article

24(1)(c);

(b) a refusal to reopen the examination of an application

after the discontinuation in accordance with regulation

13 of the Procedural Standards in Examining

Applications for International Protection Regulations;

(c) a withdrawal of international protection;

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

regulati on 13A of t he Procedural Standards for Exam inin g

Applications for International Protection Regulations.

(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..

(3) The International Protection Appeals Tribunal shall, as the

particular case may require, make arrangements to procure the

attendance of an interpreter to assist at the hearings.

(4) An appellant shall have the right to free legal aid under the

same conditions applicable to Maltese nationals.

(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.

(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.

(8) A representative of the High Commissioner shall be entitled

to attend the sittings of the Tribunal.

(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.

(10) Notwithstanding the provisions of any other law, but

without prejudice to article 46 of the Constitution of Malta and

without prejudice to the provisions of article 4 of the European

Convention Act the decision of the Tribunal shall be final and

conclusive and may not be challenged and no appeal may lie

therefrom, before any court of law, saving the provisions of article

(11) Where the Tribunal finds in favour of the applicant the

International Protection Agency shall issue a declaration accordingly.

7A. (1) A person who has applied for international protection

may make a subsequent application after a final decision to the the

International Protection Agency

Provided that such application shall only be considered on

the presentation of new elements or findings, relating to the

e x a m i n a t i o n o f w h e t h e r t h e p e r s o n m a k i n g t h e s u bs e q ue n t

application qualifies as a beneficiary of international protection, and of

which the applicant could not have been aware or which he could

not have submitted.

(2) The person submitting a subsequent application shall indicate

facts and provide evidence which justify this procedure.

(3) The examination may be conducted on the sole basis of

written subm ission s and the person m ak ing the subsequent

application is to be informed of the outcome of the examination and

of his right for an appeal.

(4)

For the purpose of taking a decision on the admissibility of

an application pursuant to article 24, a subsequent application shall

be subject to a preliminary examination as to whether new elements

or findings have arisen or have been presented since the lodging of

the first application.

(5) If the preliminary examination referred to in sub-article (4)

concludes that new elements or findings have arisen or have been

presented by the applicant which significantly add to the likelihood

of the applicant qualifying as a beneficiary of international

protection, a further examination of the application shall be carried

out

Provided that an application shall only be further examined

if the applicant concerned was, through no fault of his own,

incapable of concluding that new elements or findings have arisen.

(6) When a subsequent application is not further examined

pursuant to this article, it shall be considered inadmissible, in

accordance with article 24(1)(d).

(7) The procedure referred to in this article may also be

applicable in the case of

(a) a dependent who lodges an application after he has, in

accordance with article 24(1)(g), consented to have his

case be part of an application lodged on his behalf;

(b) an unmarried minor who lodges an application after an

application has been lodged on his behalf.

(8) For the purpose of this article, the International Protection

Agency shall ensure that

(a) the preliminary examination referred to in this article

will consist of examining whether there are facts

relating to the dependent’s or the unmarried minor’s

situation which justify a separate application;

(b) that the applicant whose subsequent application is

subject to a preliminary examination enjoys the

guarantees provided for in regulation 4 of the

Procedural Standards in Examining Applications for

International Protection Regulations;

(c) that the applicant is informed in an appropriate manner

of the outcome of the preliminary examination and, if

the application is not to be further examined, of the

reasons why and the possibilities for seeking an appeal

or review of the decision.

(9) The preliminary examination may be conducted on the sole

basis of written submissions and the person making the subsequent

application is to be informed of the outcome of the preliminary

examination.

(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.

PART IV

Refugee Status and Subsidiary Protection Status

I - Refugee Status

(1) A person may apply to the International Protection

Agency, in the prescribed form, and shall be granted refugee

protection, where it is established that he faces a well-founded fear

of persecution in his country of origin or habitual residence in

terms of the Convention.

(2) A well-founded fear of persecution may be based on events

which have taken place after applicant has left his country of origin

or activities engaged in by applicant since leaving the country of

origin, except when based on circumstances which the applicant

has created by his own decision since leaving the country of origin.

(3) For the purpose of this article, a previous persecution or

serious harm or a direct threat of such persecution or harm shall be

considered as a serious indication of the applicant’s well-founded

fear of persecution or real risk of suffering serious harm, unless

there are good reasons to consider that such persecution or previous

harm will not be repeated.

(4) Where the Chief Executive Officer decides that the applicant is

eligible for refugee status, he shall make a declaration to this effect.

(1)

A person shall cease to possess refugee status if he -

(a) has voluntarily re-availed himself of the protection of

the country of his or her nationality, or, having lost his

nationality, has voluntarily re-acquired it; or

(b) has acquired a new nationality and enjoys the

protection of the country of his new nationality; or

(c) has voluntarily re-established himself in the country

which he left or outside which he remained owing to

fear of persecution; or

(d) can no longer, because the circumstances in

connection with which he has been recognised as a

refugee have ceased to exist, continue to refuse to

avail himself of the protection of the country of his

nationality; or

(e) is a person who has no nationality and, because the

circumstances in connection with which he has been

recognised as a refugee have ceased to exist, is able to

return to the country of his former habitual residence

Provided that in paragraphs (d) and (e), regard shall be had

as to whether the change of circumstances is of such a significant

and non-temporary nature that the refugee’s fear of persecution can

no longer be regarded as well-founded

Provided further that paragraphs (d) and (e) shall not apply

to a refugee who is able to invoke compelling reasons arising out of

previous persecution for refusing to avail himself of the protection

of the country of nationality or, being a stateless person, of the

country of former habitual residence.

(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.

(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 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, 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.

(1) The Minister may order the expulsion from Malta of

any refugee or persons granted subsidiary protection on grounds of

national security or public order, and pending such expulsion such

person shall be held in custody.

(2) The provisions of article 7 shall, mutatis mutandis, apply to

expulsion orders issued under this article.

(3) Any refugee to whom this article applies shall be allowed a

reasonable period of time within which to seek legal admission into

another country.

(1) A third country national or a stateless person is

excluded from being a refugee if

(a) he falls within the scope of Article 1D of the

Convention, relating to protection or assistance from

organs or agencies of the United Nations other than the

United Nations High Commissioner for Refugees.

When such protection or assistance has ceased for any

reason, without the position of such persons being

definitely settled in accordance with the relevant

resolutions adopted by the General Assembly of the

United Nations, such persons shall ipso facto be

entitled to the benefits of this Act; or

(b) he is recognised by the competent authorities of the

country in which he has taken residence as having the

rights and obligations which are attached to the

possession of the nationality of that country, or

equivalent rights and obligations.

(2) A third country national or a stateless person is also

excluded from being a refugee 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

(b) he has committed a serious non-political crime outside

the country of refuge, including particularly cruel

actions even if committed with an allegedly political

objective, prior to his admission as a refugee; 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.

(3) Subarticle (2) applies to persons who instigate or otherwise

participate in the commission of the crimes or acts mentioned

therein.

II - Actors of persecution or serious harm, actors of protection,

internal protection, non-refoulement and resettlement

(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.

(2) An applicant for international protection shall have access

to state education and training in Malta and to receive state medical

care and services.

(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.

(4) The International Protection Agency shall immediately inform

the competent authorities once an unaccompanied minor makes an

application for international protection.

(1) A person shall not be expelled from Malta or returned

in any manner whatsoever to the frontiers of territories where the

life or freedom of that person would be threatened on account of

his race, religion, nationality, membership of a particular social

group or political opinion.

(2) The provisions of subarticle (1) shall not apply to a refugee

or a person enjoying subsidiary protection in respect of whom there

are reasonable grounds for regarding him as a danger to the

security of Malta, or who, having been convicted by a final

judgment of a particularly serious crime, constitutes a danger to the

community.

The Minister may, at the written request of an applicant, or

of a recognized refugee or of a person enjoying subsidiary

protection, and, where necessary, with the assistance of the High

Commissioner, facilitate the resettlement of such person to another

country and do all that is required for the purpose.

The International Protection Agency shall ensure as far as

possible that the application of this Act is in conformity with

accepted international practice, and for this purpose may seek the

assistance of t he High Com mission er or of an y national or

international non-governmental body concerned with refugee

matters.

III - Subsidiary Protection Status

(1) The International Protection Agency shall decide as to

whether subsidiary protection status may be granted to an applicant for

international protection whose application has been dismissed but

in respect of whom substantial grounds have been shown for

believing that the person concerned, if returned to his country of

origin, or in the case of a stateless person, to his country of former

habitual residence, would face a real risk of suffering serious harm,

and the International Protection Agency shall continue to be able to take

such a decision in cases where the real risk of suffering serious harm

arises even after a decision not to grant subsidiary protection has

been taken

Provided that a third country national or a stateless person

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 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 the

security of Malta

Provided further 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 also that the decision concerning the granting of

subsidiary protection shall be given in conjunction with the formal

determination that the applicant does not meet the criteria of a

refugee under this Act.

(2) For the purpose of this article, a real risk of suffering

serious harm may be based on events which have taken place after

the applicant has left his country of origin or activities engaged in

by applicant since leaving the country of origin, except when based

on circumstances which the applicant has created by his own

decision since leaving the country of origin.

(3) The International Protection Agency may exclude a third

country national or a stateless person from being eligible for

subsidiary protection if applicant, prior to his admission to Malta,

has committed one or more crimes, outside the scope of subarticle

(1), which would be punishable by imprisonment had they been

committed in Malta and if applicant left his country of origin solely

in order to avoid sanctions resulting from these crimes.

(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

inthe 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 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

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 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.

The following may be considered as actors of persecution

or serious harm

(a) the State;

(b) parties or organizations controlling the State or a

substantial part of the territory of the State;

(c) non-State actors, if it can be demonstrated that the

actors mentioned in paragraphs (a) and (b), including

international organizations, are unable or unwilling to

provide protection against such acts of persecution or

serious harm.

(1) Protection may be provided by

(a) the State; or

(b) parties or organizations, including international

organizations, controlling the State or a substantial

part of the territory of the State

Provided that, for the purpose of this article, actors of

protection referred to in paragraphs (a) and (b) are willing and able

to offer protection in accordance with sub-article (2).

(1A) For the purpose of this article, when assessing whether an

international organisation controls a State or a substantial part of its

territory and provides protection as described in sub-article (2),

account shall be taken of any guidance provided for in any other

relevant provision of national law, any European Union Act or

relevant documentation issued by the High Commissioner.

(2) Protection against persecution or serious harm must be

effective and of a non-temporary nature. Such protection is

provided when the entities mentioned in sub-article (1) take

reasonable steps to prevent the acts mentioned in article 17(1) by

operating an effective legal system for the detection, prosecution

and punishment of acts constituting persecution or serious harm,

and the applicant has access to such protection.

(1) As part of the assessment of the application for

i n t e r n a t i o n a l p r o t e c t i o n , t h e C h i e f E x e c u t i v e O ff i c e r m a y

determ ine that the applicant is not in need of international

protection if, in the exercise of his functions, he deems that in a

part of the country of origin, the applicant

(a) has no well-founded fear of being persecuted or is not

at real risk of suffering serious harm; or

(b) has access to protection against persecution or serious

harm as mentioned in article 19,

and the applicant can safely and legally travel to and gain admittance to

that part of the country of origin and can reasonably be expected to settle

there.

(2) In examining whether a part of the country of origin is in

accordance with sub-article (1), the Chief Executive Officer shall at

the time of taking the decision on the application, have regard to

the general circumstances prevailing in that part of the country and

to the personal circumstances of the applicant.

(3) For the purposes of this article, the Chief Executive Officer

shall ensure that precise and up-to-date information is obtained

from relevant sources, such as the United Nations High

Commissioner for Refugees and the European Asylum Support

Office.

Subsidiary protection shall cease if the International Protection

Agency is satisfied that the circumstances which led to the granting of

subsidiary protection status have ceased to exist or have changed to

such a degree that protection is no longer required

Provided that regard shall be had as to whether the change

of circumstances is of such a significant and non-temporary nature

that the person eligible for subsidiary protection no longer faces a

real risk of serious harm

Provided further that the provisions of this article shall not

apply to a beneficiary of subsidiary protection who is able to

invoke compelling reasons arising out of previous persecution for

refusing to avail himself of the protection of the country of

nationality or, being a stateless person, of the country of former

habitual residence.

(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 in accordance with article 17(3).

(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.

(3a)

The International Protection Agency shall revoke, end or

refuse to renew the subsidiary protection status of a third-country

national or stateless person, if their 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, 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.

PART V

Accelerated Procedures

(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.

(2) Where the International Protection Agency is of the opinion,

at whichever stage, that the application is manifestly unfounded,

the Chief Executive Officer shall examine the application within

three working days and shall, where applicable, decide that the

application is manifestly unfounded.

(3) The decision shall immediately be referred to the

Chairperson of the International Protection Appeals Tribunal who shall

examine and review the decision of the International Protection

Agency within three working days.

(4) The decision of the Chairperson of the International Protection

Appeals Tribunal o n w h e t h e r t h e a p p l i c a t i o n i s m a n i f e s t l y

unfounded shall be final and conclusive and, notwithstanding the

provisions of any other law, no appeal or form of judicial review

shall lie before the Tribunal or before any other court of law.

(5) Where, following the procedures outlined in the previous

provisions of this article, an application is rejected, the Chairperson

of the International Protection Appeals Tribunal shall send a copy of

the decision with the grounds therefor to the Minister and the

International Protection Agency.

(6) Any interview with the applicant under the foregoing

provisions of this article shall, where necessary, be conducted in

private and with the assistance of an interpreter. The applicant shall

also be informed of his right to obtain the services of a legal

adviser to assist him during accelerated proceedings and to consult

the High Commissioner.

(7) Where the application is considered not to be manifestly

unfounded such application shall be examined under normal

procedures as provided under this Act.

(8) Without prejudice to the generality of the foregoing

provisions of this article, if in the process of examining any

application submitted in terms of article 8, the Chief Executive

Officer arrives at the conclusion that the application should be

dealt with under accelerated procedures on the basis of its being

manifestly unfounded or because the applicant has found or could

have found safe protection elsewhere in terms of the Convention

and the Directives, the application shall be dealt with under

accelerated procedures and the foregoing provisions of this article

shall mutatis mutandis apply.

(9) If an applicant holds a travel document issued by a safe

third country pursuant to the Convention and the Directives, he

may be declared to have been safe from persecution in such State

and his application shall be dealt with under accelerated procedures

in accordance with the foregoing provisions of this article.

An unaccompanied minor may be examined under

accelerated procedures, in accordance with this article, when

(a) the applicant comes from a country which satisfies the

criteria to be considered a safe country of origin,

within the meaning of this Act;

(b) the applicant has introduced a subsequent application

for international protection which is not inadmissible

in accordance with article 24;

(c) the applicant may for serious reasons be considered a

danger to the national security or public order of Malta

or the applicant has been forcibly expelled for serious

reasons of public security or public order under

national law.

Without prejudice to regulation 13 of the Procedural

Standards for Granting and Withdrawing International Protection,

the International Protection Agency may only consider an application

to be unfounded, if it has established that the applicant does not

qualify for international protection

Provided that the International Protection Agency shall

consider an application to be manifestly unfounded, if it has

established that the applicant does not qualify for international

protection, and that the application falls under the definition of

"manifestly unfounded" in article 2.

(1) The application of any person in Malta seeking

international protection and who falls under any one of the

following conditions, shall be inadmissible if

(a) another Member State has already granted him

international protection;

(b) a country which is not a Member State is considered as

a first country of asylum for the applicant;

(c) a country which is not a Member State is considered as

a safe third country for the applicant;

(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;

(e) a dependent of the applicant lodges an application

after consenting to have his case part of an application

made on his behalf, and there are no facts relating to

the dependent person’s situation which justify a

separate application or;

(f)

the applicant has been recognized in a country which

is not a Member State as a refugee and can still avail

himself of that protection or otherwise enjoys

sufficient protection in that country including

benefiting from the principle of non-refoulement, and

such person can be re-admitted to that country.

(2) The provisions of article 23(2), (3), (4) and (5) shall apply

mutatis mutandis to inadmissible applications.

(3) The International Protection Agency shall allow applicants to

present their views, with regard to the application, of the grounds

referred to in this article before a decision on the admissibility of

an application has been taken. A personal interview on the

admissibility of the application shall also be conducted.

(4) The Minister may by regulations amend the list of countries

specified in the Schedule, provided that only countries which in his

opinion are countries of safe origin may be listed in the said

Schedule, sohowever that the Minister shall remove from the said

Schedule any country which in his opinion is no longer a safe

country of origin.

PART VI

Miscellaneous

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

enabling this Act to have full effect and, in particular, but without

prejudice to the generality of the foregoing, regulations under this

article may make provisions-

(a) regulating applications for a declaration and the

procedure for and in relation to such applications;

(b) regulating with the concurrence of the International

Protection Appeals Tribunal, appeals under this Act to

the International Protection Appeals Tribunal and the

procedure for and in relation to such appeals and for

providing that any person who contravenes or fails to

comply with the provisions of any one or more of such

regulations shall be guilty of an offence against the

regulations and for establishing the penalty being not

more than that to which such person shall on

conviction be liable, a fine (multa) not exceeding one

thousand and one hundred and sixty-four euro and

sixty-nine cents (1,164.69) or imprisonment not

exceeding three months, or to both such fine and

imprisonment;

(c) regulating the provision of legal aid to international

protection seekers;

(d) extending, with the concurrence of the Minister

responsible for social security, any of the provisions of

the Social Security Act to persons falling under this

Act;

(e) regulating the assignment and allocation of

responsibilities and duties appertaining to the Minister

under this Act to a public officer;

(f)

regulating, with the concurrence of the Minister

responsible for labour, the granting of work permits to

recognised refugees and their family members, and

persons enjoying subsidiary protection;

(g) for providing the means for facilitating the

identification of applicants for refugee status and for

communicating such information, when requested, to

the competent authorities of the countries with which

Malta has related bilateral agreement intended for such

purposes or which are parties to international

conventions related to refugees and to which Malta is

also a party and which provide for such exchanges;

(h) for implementing the provisions of the European Union

Council Directives relating to refugees and ancillary

matters;

(i) for 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 the

regulations and for establishing the penalty for

infringement of such regulations of a fine (multa) not

exceeding two thousand and five hundred euro

(€2,500) or imprisonment not exceeding three months,

or of both such fine and imprisonment.

(2) Notwithstanding the provisions of any other law, the

Minister may under this subarticle make regulations, making

provisions adding to or derogating from the provisions of this Act,

to enforce the provisions of any international convention or other

treaty relating to refugees, their status and protection, to which

Malta may become a party provided the ratification of such treaty

has been approved by a Resolution of the House of

Representatives.

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.

(a) Where, before the commencement of this Act, a person

has made an application for refugee status before the

High Commissioner but a decision in relation thereto

has not been made, the application shall be deemed to

be an application under article 8 of this Act and shall

be dealt with in accordance with this Act.

(b) Without prejudice to the provisions of any other law, a

person in Malta who before the commencement of this

Act had already been recognised as a refugee by the

High Commissioner, shall upon his request continue to

be regarded as such, and the provisions of this Act,

where relevant, shall apply also to him.

(c) A person in Malta who before the commencement of

this Act, although not recognised by the High

Commissioner as a refugee, enjoys humanitarian

protection granted to him by the said High

Commissioner, or whose case is one classified by the

High Commissioner as one of concern, shall upon his

request continue to be regarded as such and shall enjoy

humanitarian protection in Malta as defined under this

Act.