Third-Country Nationals Regulations (Amendment) Regulations,

L.N. 410 of 2020

IMMIGRATION ACT

(CAP. 217)

Common Standards and Procedures for returning Illegally Staying

Third-Country Nationals Regulations (Amendment) Regulations,

IN EXERCISE of the powers conferred by article 36 of the

Immigration Act, the Minister responsible for Immigration has made

the following regulations:-

The title of these regulations is the Common Standards and Citation.

Procedures for Returning Illegally Staying Third-Country Nationals

(Amendment) Regulations, 2020 and these regulations shall be read

and construed as one with the Common Standards and Procedures for S.L. 217. 12.

Returning Illegally Staying Third-Country Nationals Regulations,

hereinafter referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a) in the definition "entry ban", the words "in Malta"

shall be substituted by the words "in the territory of the European

Union or the Schengen Associated Countries";

(b) immediately after the definition "Member States"

there shall be added the following definition

" "order to return" means an order issued by the

Principal Immigration Officer declaring the stay of a third

country national to be illegal and imposing an obligation to

return to another Member State in which the third country

national is authorised to stay."

(c) in the definition "risk of absconding", paragraph (ix)

shall be substituted by the following new paragraph

"(ix) is found to be in possession of fraudulent

identification documents

Provided that save as provided in article 25A(6)

of the Act, in the event of an appeal the third country

national in question shall be detained for the duration of the

appeal proceedings.".

Sub-regulation (2) of regulation 3 of the principal

regulations shall be substituted by the following new sub-regulation

"(2) The Principal Immigration Officer shall require a

third country national staying illegally in Malta under any of the

provisions of article 5 of the Act and holding a valid residence

permit or other authorisation offering a right to stay issued by

another Member State, to go to the territory of that other Member

State immediately

Provided that, the third country national shall be

issued with an order to return, whereupon he may be detained

subject to an assessment of the risk of absconding, until such

time as his transfer is effected. All procedural rights in relation to

return as provided in these regulations shall apply mutatis

mutandis

Provided further that the Principal Immigration

Officer shall issue a return decision if the third-country national

does not comply with the above-mentioned requirement or his

immediate departure is justified on grounds of public policy or

national security, subject to the provisions of sub-regulations (3),

(4), and (7).".

In the proviso to sub-regulation (6) of regulation 11 of the

principal regulations, the words "due diligence." shall be substituted

by the words "due diligence:"and immediately thereafter there shall be

added the following new proviso

"Provided further that, save as provided in

article 25A(6) of the Act, in the event of an appeal the third

country national in question shall be detained for the

duration of the appeal proceedings.".

€0.18