Immigration (Amendment No. 2) Regulations, 2023

L.N. 32 of 2023

IMMIGRATION ACT

(CAP. 217)

Immigration (Amendment No. 2) Regulations, 2023

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 Immigration Citation.

(Amendment No. 2) Regulations, 2023 and these regulations shall be

read and construed as one with the Immigration Regulations, S.L. 217.04.

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) the definition "border crossing point" thereof shall be

deleted; and

(b) immediately after the definition "the Act" thereof

there shall be added the following new definitions

" "border check" means a check carried out at such

border crossing point exclusively in response to a person’s

intention to pass through the border crossing points;

"border crossing points" means any crossing point as

may be designated from time to time by the Principal

Immigration Officer for the crossing of external borders

into Malta;

"border officer" means a public officer assigned by

the Principal Immigration Officer, to a designated border

crossing point to conduct border checks to ensure that

persons may be authorised to enter the territory of Malta or

authorised to leave the said territory. For the purpose of

these regulations, "border officers" shall not include other

members of disciplined forces conducting border checks at

border crossing points".

Immediately after regulation 16 of the principal regulations Adds a new

regulation to

the principal

regulations.

there shall be added the following new regulation

" Punishments

(1) Where, whilst conducting border checks

at border crossing points, a border officer has reasonable

cause to suspect that a person has committed a breach of

the legislation related to the requirement of proper

possession of travel documents, it shall be lawful for

such border officer to stop the said person for the purpose

of ensuring that such person meets all the requirements

for entry into Malta

Provided that a border officer shall not detain

any person except as provided in sub-regulation (2).

(2) Whilst conducting a border check, a border

officer may detain any person for the purpose of taking

him before a police officer or until a police officer arrives

at the border crossing point when his presence is required

at the border crossing point by the said border officer. A

person may be detained for refusing to stop in order to

give all the required information or for the purpose of

preventing such person from entering Malta if he does

not meet all the requirements for entry into Malta

Provided that in such circumstances the said

person has been warned to desist and has not desisted

voluntarily.

(3) Any person who refuses to give, or falsely

gives to any border officer in the exercise of his duties,

his details and any other information that may be

lawfully required under the provisions of the law related

to lawful entry into Malta for the purpose of conducting a

border control check, shall be guilty of a contravention

and shall on conviction be liable to a fine (ammenda) not

exceeding one hundred and fifty euro (€150).".

€0.18