Family Reunification (Amendment) Regulations, 2018

L.N. 166 of 2018

IMMIGRATION ACT

(CAP. 217)

Family Reunification (Amendment) Regulations, 2018

IN EXERCISE of the powers conferred by article 36 of the

Immigration Act, the Minister responsible for Home Affairs and

National Security has made the following regulations:-

The title of these regulations is the Family Reunification Citation

(Amendment) Regulations 2018 and these regulations shall be read

and construed as one with the Family Reunification Regulations S.L 217.06

hereinafter referred to as "the principal regulations".

Sub-regulation (3) of regulation 4 of the principal Amends

regulation 4 of

regulations shall be deleted.

the principal

regulations.

Sub-regulation (2) of regulation 5 of the principal Amends

regulations shall be deleted and sub-regulation (1) of regulation 5 shall regulation

the principal

be renumbered as regulation 5.

regulations.

In regulation 6 of the principal regulations, the words "as Amends

well as by certified copies of travel documents of the family members" regulation

the principal

shall be substituted by the words ", by certified copies of travel regulations.

documents of the family members and documentation regarding his

reasonable prospects of permanent residence".

In regulation 13 of the principal regulations, the words Amends

"period of two years:", shall be substituted by the words, "period not regulation

the principal

exceeding two years." and the proviso to regulation 13 of the principal regulations.

regulations shall be deleted.

Regulation 25 of the principal regulations shall be Substitutes

regulation 25 of

substituted by the following new regulation

the principal

regulations.

"25. An application for entry and residence for family

members of a refugee whose family relationship pre-dated their

entry into Malta, or where such application was submitted at any

date following the granting of his refugee status, or whose family

relationship was established subsequent to his entry into Malta

shall be submitted in accordance with Part IV of these

regulations

Provided that the requirement of documentation

regarding his prospects of permanent residence shall not apply in

his case

Provided further that where a refugee cannot provide

official documentary evidence of the family relationship, the

Director shall take into account other evidence and during the

examination of the application, the Director shall consult with

the Refugee Commissioner. A decision rejecting an application

may not be based solely on the fact that documentary evidence is

lacking.".

In sub-regulation (2) of regulation 27 of the principal

regulations, the words "regulations 9 and 13" shall be substituted by

the words "regulation 13".

€0.18