Regulations, 2007

L.N. 175 of 2007

IMMIGRATION ACT

(CAP. 217)

Permission to Reside for Victims of Trafficking or Illegal

Immigration who co-operate with the Maltese Authorities

Regulations, 2007

IN exercise of the powers conferred by article 36 of the

Immigration Act, the Minister responsible for immigration has made

the following regulations:-

(1)

The title of these Regulations is Permission to Citation and

Reside for Victims of Trafficking or Illegal Immigration who co- purpose.

operate with the Maltese Authorities, 2007.

(2) These Regulations transpose Council Directive 2004/81/

EC on the residence permit issued to third country nationals who are

victims of trafficking of human beings or who have been the subject

of an action to facilitate illegal immigration, who co-operate with the

competent authorities.

(3) These Regulations shall apply to third country nationals

who are or have been victims of offences related to the trafficking of

human beings, even if they have entered Malta illegally.

(4) The Principal Immigration Officer may, when he considers

it necessary, apply the provisions of these Regulations to third

country nationals who have been the subject of an action to facilitate

illegal immigration.

(5) These Regulations, shall apply without prejudice to the

provisions relating to the protection of witnesses under the Police Cap. 164.

Act, and to the protection granted under the Refugees Act, and shall Cap. 420.

define the conditions for granting residence permits of limited

duration to third country nationals who co-operate with the Principal

Immigration Officer in the fight against trafficking of human beings

or against action to facilitate illegal immigration.

In these regulations, unless the context otherwise Interpretation.

requires -

“Act” means the Immigration Act;

“action to facilitate illegal immigration” covers those cases

provided for in article 32 of the Immigration Act;

“co-operate” means the giving of information by the third

country national to the immigration authorities related, inter alia, to

his arrival in Malta as a victim of trafficking or related to his illegal

arrival in Malta and includes, in particular, the names of persons of

traffickers and their accomplices or details related to points of

departure, which information leads to, or contributes significantly to

the tracing or prosecution of the trafficker;

“Director” means the Director for Citizenship and Expatriate

Affairs;

“Member State” means any one of the Member States of the

European Union;

‘Minister’ means the Minister responsible for immigration;

“residence permit” includes a permit issued under article 4A of

the Act and in particular includes an authorization of any type,

whether temporary or not, or whether given for a special or ad hoc

purpose, giving the right of residence to a citizen of the Union within

the territory of Malta;

“third country national” means any person who is not a national

of a Member State;

“trafficking of human beings” covers those cases provided for in

Sub-title VIII Bis of Title VIII of the Criminal Code;

“unaccompanied minor” means a third country national, below

the age of eighteen, who arrives in Malta unaccompanied by an adult

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

not effectively taken into the care of such a person, or a minor who is

left unaccompanied after he has entered Malta.

(1)

When it appears to the Principal Immigration

Officer that the third country national is co-operating with him in the

fight against trafficking of human beings or, where applicable, against

action to facilitate illegal immigration, he shall inform the third

country national concerned of the possibilities offered under these

Regulations.

(2) The Principal Immigration Officer may invite a non-

governmental organisation or another relevant association to give

such information to the third country national concerned.

(3) The Principal Immigration Officer shall grant a period of

reflection, of not more than two months, with effect from the day

when the information referred to in subparagraph (1) is given by the

Principal Immigration Officer, for the third country national to detach

himself from the influence of the perpetrators of the offence so as to

enable him to take an informed decision on the possibility of co-

operating.

(4) During the reflection period the third country national shall

not be removed from Malta

Provided that the reflection period shall not create any

entitlement to residence under these regulations.

(5) During the period of reflection, while due regard is had to

his safety and protection needs, the third country national who does

not have sufficient resources shall be provided with

(i)

the standards of living capable of ensuring his

subsistence;

(ii)

access to emergency medical care;

and, where applicable

(iii)

attention to the needs of the most vulnerable;

(iv)

psychological assistance;

(v)

translation and interpreting services;

(vi)

free legal aid

Provided that in the case where the third country national

is a minor, he shall have access to the public education system under

the same conditions as Maltese nationals.

(6) The period of reflection shall be terminated at any time by

the Principal Immigration Officer for reasons relating to public policy

or the protection of national security or if he establishes that the third

country national concerned has actively, voluntarily and on his own

initiative renewed contact with the perpetrators of the offences of

trafficking of persons or facilitating illegal immigration.

A third country national who is a victim of trafficking of

human beings being or is the subject of an action to facilitate illegal

immigration in terms of the provisions of these regulations, and who

is found under circumstances which clearly indicate that he is a child

or young person in need of care, shall be assisted in terms of the

Children and Young Persons (Care Orders) Act as if he were a child

or young person under such Act.

(1)

Without prejudice to any restrictions arising from

public policy or public security, the Principal Immigration Officer

may, at the end of the reflection period, or earlier if he is of the view

that the third country national already fulfils the conditions stipulated

in paragraphs (a) to (c), recommend to the Director the issuing of a

residence permit for the third country national concerned when it is

clear that

(a)

the permission to remain in Malta of the third

country national may present an opportunity for the

investigations or judicial proceedings;

(b)

the third country national intends to co-operate

with the Principal Immigration Officer;

(c)

the third country national has severed all relations

with the persons suspected of committing the offences of

trafficking of persons or facilitating illegal immigration

Provided that, when the third country national

concerned is a minor, the Principal Immigration Officer shall

take due account of his best interests and ensure that the

procedure is appropriate to his age and maturity.

(2) The residence period referred to in subregulation (1) shall

be valid for a period of six months which shall be renewable if the

conditions mentioned in the said subregulation continue to subsist

and, in particular, taking into account the best interests of the child in

cases where the third country national is a minor.

(3) The provisions of regulation 3(5) shall apply to the third

country national concerned, when he does not have the necessary

resources, after the issue of the residence permit and for the duration

of such permit

Provided that the third country national shall be provided

with the necessary medical care or other assistance, when he does not

have sufficient resources, and has special needs such as in the case of

pregnant women, disabled persons, victims of sexual or other forms

of violence, and minors.

(4) The third country national concerned may be granted a

work permit for the duration of the residence permit, in accordance

with article 11(3) of the Act, and, especially when such third country

national is a minor, access to vocational training and education.

(5) Where applicable, the third country national concerned

shall be granted access to programmes or schemes, provided by

Government, non-governmental organisations or associations having

a specific agreement with Government, aimed at the recovery of a

normal social life including, where appropriate, courses designed to

improve professional skills or preparation of his assisted return to the

country of origin.

(1)

Upon the recommendation of the Principal Non-renewal

Immigration Officer, the Director shall not renew the residence and

of the residence

permit if the conditions provided for in regulation 5(1) no longer permit.

subsist or if the proceedings referred to in the same paragraph have

been terminated, in which case the provisions of the Act relating to

removal shall apply.

(2) Upon the recommendation of the Principal Immigration

Officer, the Director shall withdraw the residence permit if the

conditions set out in regulation 5(1) no longer subsist and, in

particular

(a)

if the holder has actively, voluntarily and on his

own initiative renewed contacts with those suspected of

perpetrating the offences referred to in regulation 3(6); or

(b)

if the Principal Immigration Officer believes that

the co-operation by the third country national concerned is

fraudulent or that his complaint is fraudulent or wrongful; or

(c)

for reasons relating to public policy and to the

protection of national security; or

(d)

when the third country national ceases to co-

operate; or

(e)

when the Principal Immigration Officer decides to

discontinue the proceedings.