International Protection Agency (Establishment) Order, 2020

L.N. 194 of 2020

PUBLIC ADMINISTRATION ACT

(CAP. 595)

International Protection Agency (Establishment) Order, 2020

IN EXERCISE of the powers conferred by article 26 of the

Public Administration Act, the Prime Minister, has made the following

(1) The title of this Order is International Protection Citation and

commencement.

Agency (Establishment) Order, 2020.

(2) This Order shall come into force on such date or dates as

the Minister responsible for immigration may by notice in the Gazette

establish, and different dates may be so established for different

provisions or different purposes of this Order.

In this Order, unless the context otherwise requires

Interpretation.

"the Act" means the Public Administration Act;

"Agency" means the International Protection Agency

established by article 3;

"beneficiary of international protection" means the same as

the meaning given to it by article 2 of the Refugees Act;

"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 in that behalf by

the Minister;

"international protection" means the same as the meaning

given to it by article 2 of the Refugees Act;

"Minister" means the Minister responsible for immigration;

"person eligible for subsidiary protection" means the same

as the meaning given to it by article 2 of the Refugees Act;

"refugee" means the same as the meaning given to it by

article 2 of the Refugees Act.

(1) There shall be an Agency, that shall be known as the

International Protection Agency hereinafter referred to as "the

Agency".

(2) The Agency shall be a body corporate having a distinct

legal personality and shall be capable of entering into contracts, of

employing personnel, of acquiring, holding and disposing of any kind

of property for the purposes of its operations and of suing and being

sued

Provided that and without prejudice to the provisions of

article 39 of the Act, the Minister responsible for immigration shall be

entitled to give directions in writing and the Agency shall be bound to

observe such directives.

(3) The legal and judicial representation of the Agency shall be

vested in the Head International Protection Agency who shall have the

overall responsibility of the running of the Agency.

(4) The Agency shall be subject to the provisions of the Act

and its employees shall uphold and promote public service values and

those specific to the role of the Agency.

(1) There shall be a Chief Executive Officer appointed by

the Prime Minister, who shall have the overall responsibility for the

day-to-day running of the International Protection Agency.

(2) The Chief Executive Officer shall report on a regular basis

to the Minister on the day-to-day running of the International

Protection Agency and related matters.

(3) There shall be such number of Deputy to the Chief

Executive Officer of the International Protection Agency (hereinafter

referred to as Deputy to the Chief Executive Officer) as the Prime

Minister may by notice in the Gazette from time to time determine.

(4) The Deputy to the Chief Executive Officer 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.

(5) The Deputy to the Chief Executive Officer shall under the

general direction of the Chief Executive Officer have such functions

and powers as are conferred on the Head by this Act, and are assigned

to each of them by the Head, including the function and power to

examine applications for refugee status, and any reference in this Act,

other than in this article, to the Head shall be deemed to include also

reference to a Deputy Head in the exercise of any function assigned to

him by the Head.

(1) The Agency shall enter into an Agency Performance Agency

Agreement with the Minister with a view to determining the funding of Performance

Agreement.

the Agency, the targets it is expected to meet, as well as the tasks to be

addressed and achieved.

(2) The Agency Performance Agreement may cover one (1) or

more years and shall be renewable in accordance with such directives

and guidelines as the Principal Permanent Secretary may issue

governing the development of the Agency Performance Agreement.

(1) The Agency shall draw up yearly estimates for each Finances.

financial year and submit them for consideration of the Minister in

accordance with norms and practices established by the Minister

responsible for finance.

(2) The Agency shall be paid by the Government out of the

Consolidated Fund such sums as the House may from time to time

authorise to be appropriated to meet the cost of its operational and

capital expenditure identified in its financial business plan.

(3) In the conduct of its affairs, the Agency may levy fees for

services rendered by it which shall as far as possible, be used for the

on-going upkeep and maintenance of the Agency

Provided that no fees shall be levied in respect of the filing

of an international protection application or for the issuing of

documentation attesting the holder’s status as an asylum seeker or a

beneficiary of international protection. Fees may only be levied on the

re-issue of such documents in the event that the holder has lost or

mislaid the documents originally issued to him.

(4) The Minister may, after consultation with the Minister

responsible for finance give such directives with a view to applying

any excess of revenue over expenditure to the formation of reserve

funds that shall be used for the purposes of the Agency.

(5) Without prejudice to the generality of the powers given by

the Minister under sub-article (4), any direction given by the Minister

may order the transfer to the Government, or the application in such

manner as may be specified in the directive, of any part of the fees,

rates and other payments levied in accordance with sub-article (3) or

any such excess as aforesaid.

(6) Any funds of the Agency not immediately required to meet

expenditure may be invested in such manner as may from time to time

be approved by the Minister with the concurrence of the Minister

responsible for finance.

(1) The Agency shall keep proper books of account and

other records in respect of its operations and shall cause to be prepared

a statement of accounts in respect to each financial year.

(2) Such accounts shall be audited by an auditor or auditors

appointed for this purpose by the Agency with the concurrence of the

Minister responsible for finance and the Minister

Provided that the Minister responsible for finance, may

after consultation with the Minister, require moreover that the books

and accounts of the Agency be audited or examined by the Auditor

General who shall for this purpose have the powers to carry out such

physical checking and any other certification as he may deem

necessary.

(1) The Agency shall, not later than six (6) weeks after

the end of each financial year, present to the Minister a report dealing

generally with the activities of the Agency during that financial year

and containing an audited statement of accounts together with such

information relating to the proceedings and workings of the Agency to

fulfil its functions and future plans.

(2) The report mentioned in sub-article (1) shall be laid on the

Table of the House by the Minister not later than six (6) weeks after its

receipt, or where the said House is during the period not in session, not

later than the second week after the House resume its sittings.

(1) Without prejudice to the other provisions of this

Order, the appointment of officers and other employees of the Agency

shall be made by the Agency. The terms and conditions of employment

shall be established by the Agency with the concurrence of the

Minister in accordance with the provisions of the Public

Administration Act, the Refugees Act and any subsidiary legislation

made thereunder.

(2) The Agency shall appoint and employ, at such

remuneration and upon such terms and conditions as it may in

accordance with sub-article (1) determine, such officers and

employees of the Agency as may be necessary for the due and efficient

discharge of the function of the Agency in compliance with established

Government procedures

Provided that all employees having an employment

contract with the Office of the Refugee Commissioner on the date of

the coming into force of this Order shall be taken over by the Agency

in terms of article 38 of the Employment and Industrial Relations Act

and become employees of the Agency.

(1) The Prime Minister may at the request of the Agency Detailing of

from time to time direct that any public officer shall be detailed for public officers.

duty with the Agency in such capacity and with effect from such date

as may be specified in the said directive

Provided that, the Prime Minister may at any time revoke

such directive.

(2) When any public officer is detailed for duty with the

Agency, such officer shall, during the time in which such directive is in

force, be under the administrative direction and control of the Agency

but shall otherwise remain, and retain all rights and duties as, a public

officer, and for the purposes of any law relating to Government service

pensions, service with the Agency shall be deemed to be service with

the Government.

(3) Any public officer serving in the Agency on the date of the

coming into force of this Order shall from such date be deemed to have

been detailed by directive of the Prime Minister for duty with the

Agency as a Government agency under article 8, and thereupon the

provisions of the same article shall apply to such officer who shall

continue to be detailed for duty as aforesaid until such time as the

Prime Minister may revoke such directive as provided in sub-article

(1)

Provided that when the Prime Minister revokes any

directive as aforesaid, the officer in whose respect the directive is

revoked shall retain such grade in the public service which he held

immediately before being detailed for duty with the Agency as a

Government agency by virtue of this Order or shall occupy such other

higher grade which he would have occupied had he not been detailed

as aforesaid.

(1) When anything has been commenced by or under the Transitory

authority of the Government prior to the date of the coming into force provisions.

of this Order, and such thing relates to any one (1) of the properties or

undertakings or any right or liability transferred to the Agency by or

under this Order, such thing may be carried on and completed by or as

authorised by the Agency.

(2) When, immediately before the coming into force of this

Order, any legal proceedings are pending to which the Government is

or is entitled to be a party, and such proceedings are related to any one

(1) of the properties or undertakings, or any right or obligation or

liability transferred by or under this Order to the Agency, the Agency

shall, as from the aforesaid date, be substituted in such proceedings for

the Government, or shall be made a party thereto in like manner as the

Government could have become, and such proceedings shall not be

abated by reason of the substitution.

The Laws of Malta, shall be amended as follows

(a) any reference in any other law to "Commissioner"

meaning the Refugee Commissioner and Commissioner of

Refugees shall be read and construed, after the coming into force

of this Order, as a reference to the "Chief Executive Officer";

(b) any reference in any other law to the "Office of the

Refugee Commissioner" shall be read and construed, after the

coming into force of this Order, as a reference to the

"International Protection Agency"; and

(c) any reference in any other law to the "Assistant

Commissioners" meaning the Assistant Refugee Commissioners

shall be read and construed, after the coming into force of this

Order, as a reference to "Deputy to the Chief Executive Officer

of the International Protection Agency".

In the Fourth Schedule to the Public Administration Act,

immediately after the item "Valletta Cultural Agency", there shall be

added the following

(a) under the heading "Agency" thereof, the words

"International Protection Agency"; and

(b) under the heading "Agency Function" thereof, the

words "To receive, process and determine applications for

international protection as well as ensuring an independent, fair

and efficient asylum determination procedure".

€0.54