IMMIGRATION APPEALS BOARD (PROCEDURE) REGULATIONS

SUBSIDIARY LEGISLATION 217.28

IMMIGRATION APPEALS BOARD (PROCEDURE)

REGULATIONS

5th August, 2025

LEGAL NOTICE 168 of 2025.

The title of these regulations is the Immigration Appeals

Board (Procedure) Regulations.

In these regulations, unless the context otherwise

requires

"Act" means the Immigration Act;

"Board" means the Immigration Appeals Board as

established by article 25A of the Act;

"Identità" means the Identity Malta Agency established

by article 3 of the Identity Malta Agency (Establishment)

Order;

"Minister"

means

the

Minister

responsible

for

immigration;

"Principal Immigration Officer" means the person

appointed to such office in accordance with article 3 of the Act.

"single permit" means a residence permit issued in

accordance with the Single Application Procedure for a Single

Permit for Third-Country Nationals to Reside and Work in

Malta and a Common Set of Rights for Third-Country Workers

Legally Residing in Malta Regulations;

"visa" means a short-stay visa or a long-stay visa.

The Board shall have the function to hear and determine

appeals by virtue of the provisions of the Act or of regulations made

thereunder.

(1)

A third-country national who feels aggrieved by

the competent authority’s decision relating to a single permit or visa

may file an appeal against the said decision before the Board in

accordance with article 25A of the Act which shall have jurisdiction to

hear and determine such appeal

Provided that for the purposes of this regulation

"competent authority" shall mean the authority responsible for issuing

the residence permit, visa or other document, as the case may be.

(2)

The appellant or his legal representative shall file written

submissions to the Board within ten (10) working days from the date of

the notification of his intention to appeal in accordance with article

25A(7) of the Act.

(3)

Upon receipt of the written submissions referred to in

sub-regulation (2), the Board shall serve a copy of the said submissions

on the competent authority which shall be given a period of ten (10)

working days from the notification of such submissions to file its own

submissions to the Board.

(4)

The Board shall communicate its decision to the appellant

or his legal representative and to the competent authority within ten

(10) working days from the date of receipt of the submissions of the

competent authority in accordance with sub-regulation (3)

Provided that in exceptional and duly justified

circumstances, the Board may extend the time period for the

communication of its decision

Provided further that the conclusion of the entire

procedure shall not exceed sixty (60) days.

(1)

Any third-country national who feels aggrieved by

a decision of the competent authority in relation to age determination

pursuant to an age assessment, may file an appeal against the said

decision before the Board in accordance with article 25A of the Act

Provided that for the purposes of this regulation

"competent authority" shall mean the authority responsible for carrying

out an age assessment in accordance with the Agency for the Welfare of

Asylum Seekers Regulations.

(2)

The appellant or his legal representative shall file written

submissions to the Board within ten (10) working days from the date of

the notification of his intention to appeal in accordance with article

25A(7) of the Act.

(3)

Upon receipt of the written submissions referred to in

sub-regulation (2), the Board shall serve a copy of the said submissions

on the competent authority which shall be given a period of ten (10)

working days from the notification of such submissions to file its own

submissions to the Board.

(4)

The Board shall communicate its decision to the appellant

or his legal representative and to the competent authority within ten

(10) working days from the date of receipt of the submissions of the

competent authority in accordance with sub-regulation (3)

Provided that in exceptional and duly justified

circumstances, the Board may extend the time period for its decision

Provided further that the conclusion of the entire

procedure shall not exceed sixty (60) days.

(5)

Where the competent authority has decided prima facie

that the person concerned is an adult without undertaking an age

assessment, it shall refer the decision for review by the Board. The

Board shall conduct the review within five (5) working days from the

date of receipt of the decision

Provided that if the Board disagrees with the decision

reached by the competent authority, it shall instruct the competent

authority to carry out an age assessment in accordance with the

Agency for the Welfare of Asylum Seekers Regulations.

(1)

Save as otherwise expressly provided in the Act or

in regulations made thereunder, any third-country national who feels

aggrieved by a decision of the competent authority may file an appeal

against the said decision before the Board and the Board shall have

jurisdiction to hear and determine such appeal in accordance with this

regulation.

(2)

The appellant or his legal representative shall file written

submissions to the Board within ten (10) working days from the date

of the notification of his intention to appeal in accordance with article

25A(7) of the Act.

(3)

Upon receipt of the written submissions referred to in

sub-regulation (2), the Board shall serve a copy of the said

submissions on the competent authority which shall be given a period

of ten (10) working days from the notification of such submissions to

file its own submissions to the Board.

(4)

The Board shall communicate its decision to the

appellant or his legal representative and to the competent authority

within ten (10) working days from the date of receipt of the

submissions of the competent authority in accordance with sub-

regulation (3)

Provided that in exceptional and duly justified

circumstances the Board may extend the time period for its decision

Provided further that the conclusion of the entire

procedure shall not exceed ninety (90) days.

The Board may assume that the appellant has tacitly

withdrawn his appeal when it is ascertained that

(a)

he has failed to provide within the time frame

established by the Board, information essential to his appeal

unless the appellant demonstrates, that his failure was due to

circumstances beyond his control; and, or

IMMIGRATION APPEALS BOARD (PROCEDURE)

(b)

he has not within thirty (30) days, complied with

reporting duties or other obligations to communicate with the

Board.