Chapter 420

[ CAP. 420. INTERNATIONAL PROTECTION 1 CHAPTER 420 INTERNATIONAL PROTECTION ACT AN ACT to make provisions relating to and establishing procedures with regard to refugees and international protection seekers. 1st October, 2001 ACT XX of 2000, as amended by Act VIII of 2004; Legal Notices 40 of 2005 and 426 of 2007; and Acts VII of 2008, VI and VII of 2015 and XX of 2017 and XXI and XL of 2020 and XIX of 2022 and Legal Notice 198 of 2020 and Acts XXXV of 2023 and III of 2025. PART I General Provisions 1. Act. (1) The short title of this Act is the International Protection (2) The provisions in this Act and its subsidiary legislation shall apply to all applications for international protection made on Maltese territory. These provisions shall not apply to requests for diplomatic or territorial asylum submitted to Maltese representations. 2. In this Act, unless the context otherwise requires - "applicant" means a third country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken by the International Protection Agency or the International Protection Appeals Tribunal; "application for international protection" means a request made by a third country national or a stateless person which can be understood as a request for international protection unless the third country national explicitly requests another kind of protection outside the scope of this Act that can be applied for separately; "applicant in need of special procedural guarantees" means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this Act or any subsidiary l e g i s l a t i o n m a d e t h e r e u n d e r, i s l i m i t e d d u e t o i n d i v i d u a l circumstances; "beneficiary of international protection" means a person who has been granted refugee status or subsidiary protection status in accordance with article 8 and article 17; "the 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 on that behalf by the Minister; "Convention" or "Geneva Convention" means the 1951 Convention relating to the Status of Refugees done at Geneva on 28th July, 1951, to which Malta acceded on 17th June, 1971, and the 1967 Protocol relating to the Status of Refugees of 31st January, 1967 to which Malta acceded on 15th September, 1971, subject to the declarations and reservations made by Malta; "Convention Travel Document" means the travel document Short title and applicability. Amended by: XL.2020.3. Substituted by: XIX.2022.2. Interpretation. Amended by: VIII. 2004.2; VII. 2008.2; VI. 2015.2, 3. XX. 2017.2; XL.2020.4; XIX.2022.3. 2 [ CAP. 420. INTERNATIONAL PROTECTION referred to in article 28 of the Convention; "country of origin" means the country or countries of nationality or, for stateless persons, of former habitual residence; "declaration" means a declaration that a person is a refugee; "determining authority" means the International Protection Agency; "Directives" means Council Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted and Council Directive 2005/ 85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status; "family members" means, in so far as the family already existed in the country of origin, the following members of the family of the beneficiary of international protection who are present in Malta in relation to the application for international protection: (a) the spouse of the beneficiary of international protection, or his or her unmarried partner in a stable relationship where recognised by law; (b) the minor children of the spouse or partner or of the beneficiary of international protection referred to in paragraph (a) above, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law; (c) the father, mother or another adult responsible for the beneficiary of international protection whether by law or by the practice of the Member State concerned, when that beneficiary is a minor and unmarried; "final decision" means a decision on whether the third country national or stateless person be granted refugee status or subsidiary protection status which is not subject to appeal, irrespective of whether such decision has the effect of allowing the applicants concerned to remain in Malta pending its outcome; "first country of asylum" means that country where an applicant for international protection: (a) has been recognised in that country as a refugee and he can still avail himself of that protection; or (b) he otherwise enjoys sufficient protection in that country including benefiting from the principle of nonrefoulement and subject to re-admission to that country; "the High Commissioner" means the United Nations High Commissioner for Refugees or his representative; "international protection" means refugee status or subsidiary protection; Cap. 12. "legal adviser" means a person who is authorised to practise the legal profession in Malta in terms of the Code of Organization and INTERNATIONAL PROTECTION [ CAP. 420. Civil Procedure; "manifestly unfounded" application means an application in relation to which: (a) the applicant, in submitting his application and presenting the facts, has only raised issues that are not relevant to the examination of whether he qualifies as a beneficiary of international protection; or (b) the applicant is from a safe country of origin; or (c) the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his identity and/or nationality that could have had a negative impact on the decision; or (d) it is likely that, in bad faith, the applicant has destroyed or disposed of an identity or travel document that would have helped establish his identity or nationality; or (e) the applicant has made clearly inconsistent and contradictory, clearly false or obviously improbable representations which contradict sufficiently verified country-of-origin information, thus making his claim clearly unconvincing in relation to whether he qualifies as a beneficiary of international protection; or (f) the applicant has introduced a subsequent application for international protection that is not inadmissible in accordance with article 24(1)(d); or (g) the applicant is making an application merely in order to delay or frustrate the enforcement of an earlier or imminent decision which would result in his removal; or (h) the applicant entered Malta unlawfully or prolonged his stay unlawfully and, without good reason, has either not presented himself to the authorities or has not made an application for international protection as soon as possible, given the circumstances of his entry; or (i) the applicant refuses to comply with an obligation to have his fingerprints taken in accordance with Regulation (EU) No. 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of Eurodac for the comparison of fingerprints for the effective application of Regulation (EU) No. 604/2013 establishing the criteria and mechanisms for determining the Member States responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and 3 4 [ CAP. 420. INTERNATIONAL PROTECTION Europol for law enforcement purposes; or (j) the applicant may, for serious reasons, be considered a danger to national security or public order, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law. "the Minister" means the Minister responsible for immigration, and any public officer to whom the Minister may delegate in writing any of the duties appertaining to him under this Act; "minor" means a third country national or stateless person below the age of eighteen years; "person eligible for subsidiary protection" means a third country national who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his country of origin, would face a real risk of suffering serious harm, and is unable or, owing to such risk, unwilling to avail himself of the protection of that country, and has not been excluded from being eligible for such protection under article 17(1); "prescribed" means prescribed by regulation, rule, order or other instrument made under any of the provisions of this Act empowering the making of any such instrument; "refugee" means a third country national who, owing to a wellfounded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, as a result of such events is unable or, owing to such fear, is unwilling to return to it, but does not include a person excluded in terms of article 12: Provided that in the case where a person has more than one nationality, the term "country", mentioned above, shall refer to each country of which he is a national, and such a person shall not be considered as not having the protection of his country if, without any founded fear of persecution, he has not sought the protection of one of the countries of which such a person is a national: Provided further that: (a) acts of persecution within the meaning of Article 1A of the Convention must be sufficiently serious by their nature or repetition as to constitute a severe violation of basic human rights, in particular the right from which derogation cannot be made under Article 15(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms; or (b) be an accumulation of various measures, including violations of human rights, which is sufficiently severe as to affect an individual in a similar manner as in paragraph (a). [ CAP. 420. INTERNATIONAL PROTECTION For the purpose of paragraph (a), "acts of persecution" means: (a) acts of physical or mental violence, including acts of sexual violence; (b) legal, administrative, police, and/or judicial measures which are in themselves discriminatory or which are implemented in a discriminatory manner; (c) prosecution or punishment which is disproportionate or discriminatory; (d) denial of judicial redress resulting disproportionate or discriminatory manner; in a (e) prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts falling within the scope of the grounds for exclusion as set out in article 12(2); (f) acts of a gender-specific or child-specific nature: Provided that refugee status on the grounds of fear of persecution shall only be granted if there is a connection between the reasons for persecution mentioned in regulation 18 of the Procedural Standards in Examining Applications for International Protection Regulations and the acts of persecution referred to in this definition; S.L.420.07 "refugee status" means the recognition of a third country national or stateless person as a refugee; "remain" means to remain in the territory, including at the border or in transit zones, of the Member State in which the application for international protection has been made or is being examined; the right to remain shall not constitute an entitlement to a residence permit; "representative" means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in asylum procedures with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of a representative in respect of the unaccompanied minor; "Member State" shall have the same meaning assigned to it by article 2 of the European Parliament Elections Act; "safe country of origin" means a country of which the applicant, for the purpose of international protection: (a) is a national; or (b) being a stateless person, was formerly habitually resident in that country; and he has not submitted any serious grounds for considering the c ou nt ry no t t o b e a s a f e co unt r y o f o ri gi n i n h is p a rt ic ula r circumstances;; "safe third country" means a country of which the applicant is Cap. 467. 5 6 [ CAP. 420. INTERNATIONAL PROTECTION not a national or citizen and where (a) life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion; (b) the principle of non-refoulement in accordance with the Convention is respected; (c) the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in international law, is respected; (d) the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Convention; (e) the applicant had resided for a meaningful period of time prior to his entry into Malta; (f) there is no risk of serious harm as defined in this article; "serious harm" means: (a) death penalty or execution; or (b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or (c) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict; "sub sequent application" m eans a further application for international protection made after a final decision has been taken on a previous application; "subsidiary protection status" means the recognition of a third country national or a stateless person as a person eligible for subsidiary protection under Part IV; "the Tribunal" means the International Protection Appeals Tribunal as established by article 5; "unaccompanied minor" means a person below the age of eighteen years who arrives in Malta unaccompanied by an adult responsible for him whether by law or by custom, for as long as he is not effectively taken into the care of such a person and includes any minor who is left unaccompanied after he has entered Malta; "withdrawal of international protection" means the decision by the International Protection Agency to revoke, end or refuse to renew the refugee or subsidiary protection status of a person. Scope. Substituted by: VII. 2008.3; XIX.2022.4. 3. The scope of this Act is: (a) to incorporate the obligations assumed by Malta under the 1951 Convention on the Status relating to Refugees; and (b) to transpose: (i) Directive 2013/32/EU of the European INTERNATIONAL PROTECTION [ CAP. 420. 7 Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast); (ii) Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of thirdcountry nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast); and (iii) Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast). PART II Chief Executive Officer Substituted by: VII. 2008.4; XL.2020.5. 4. (1) There shall be a person who shall be known as The Chief Executive Officer. Establishment of Chief Executive Officer. Amended by: VIII. 2004.3; XL.2020.6. (2) The Chief Executive Officer shall be appointed by the Prime Minister from among public officers or from among persons who in each case, in the opinion of the Prime Minister, have knowledge and experience in matters relating to refugees. (3) The Chief Executive Officer shall perform such functions as are conferred on him by this Act, and without prejudice to the generality of the above, shall examine applications for refugee status and shall have the power to administer oath to any person. (4) The Prime Minister may assign public officers to be members of the staff of The Chief Executive Officer as he may consider necessary to assist The Chief Executive Officer in the performance of his functions. (5) (a) Without prejudice to the provisions of subarticle (4) there shall be a Deputy to the Chief Executive Officer (hereinafter referred to as the Deputy) as the Prime Minister may by notice in the Gazette from time to time determine. (b) The Deputy 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. (c) the Deputy shall under the general direction of the Chief Executive Officer have such functions and powers as are conferred on the Chief Executive Officer by this Act, and are assigned to him by the Chief Executive Officer, including the function and power to examine applications for refugee status and to administer the oath to any person, 8 [ CAP. 420. INTERNATIONAL PROTECTION and any reference in this Act, other than in this article, to the Chief Executive Officer shall be deemed to include as well a reference to the Deputy in the exercise of any function assigned to him by the Chief Executive Officer. PART III Substituted by: VII. 2008.5. International Protection Appeals Tribunal. Amended by: VIII. 2004.4; VII. 2015.11; XX. 2017.3. Substituted by: XL.2020.7. International Protection Appeals Tribunal 5. (1) The International Protection Appeals Tribunal shall consist of one (1) chairperson on a full-time basis and two (2) or more members on a part-time basis who shall be appointed by the President acting on the advice of the Prime Minister from amongst persons of known integrity who appear to him to be qualified by reason of having had experience of, and shown capacity in, matters deemed appropriate for the purpose: Provided that at least one (1) of the members of the Tribunal shall be a person who has practised as an advocate in Malta for a period or periods amounting, in the aggregate, to not less than seven (7) years: Provided further than one (1) of the members shall be a person representing the disability sector. (2) The President, acting on the advice of the Prime Minister, may appoint more than one (1) chairperson to sit on the Tribunal, but only one (1) chairperson shall sit in any one case. (3) The members of the Tribunal shall hold office for a period of three (3) years, and shall be eligible for reappointment. (4) Persons appointed as members of the Tribunal shall hold office until their successors are appointed. (5) The Tribunal shall be composed of one (1) or more chambers. Each chamber shall consist of a chairperson and two (2) other members. (6) The Tribunal shall be assisted by administrative staff consisting of at least two(2) secretaries. Removal. Substituted by: XL.2020.8. 6. A member of the Tribunal may only be removed from office by the President acting on the advice of the Prime Minister on grounds of gross negligence, incompetence, or acts, omissions or conduct unbecoming a member of the Tribunal. Appeals to Board. Amended by: VII. 2008.6; VI. 2015.4. XX. 2017.4; XXI of 2020; XL.2020.9; XIX.2022.5. 7. (1) The Tribunal shall have power to hear and determine appeals against a decision of the International Protection Agency including appeals from decisions for the transfer of a third country national from Malta to another Member State in accordance with the provisions of Council Regulation 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of INTERNATIONAL PROTECTION [ CAP. 420. the Member States by a third country national or stateless person. (1A) For the purpose of this article, an appeal for a full and ex nunc examination of both facts and points of law shall lie against: (a) a decision taken on an application for international protection: (i) considering an application to be unfounded in relation to refugee status and, or subsidiary protection status; (ii) considering an application to be inadmissible pursuant to article 24; Provided that for the purpose of this provision, the review conducted by the Chairperson of the International Protection Appeals Tribunal shall be deemed to constitute an appeal. (iii) not to conduct an examination pursuant to article 24(1)(c); (b) a refusal to reopen the examination of an application after the discontinuation in accordance with regulation 13 of the Procedural Standards in Examining Applications for International Protection Regulations; (c) a withdrawal of international protection; Provided that no right of appeal shall lie from a decision of the International Protection Agency to withdraw international protection on the basis that this has lapsed in accordance with regulati on 13A of t he Procedural Standards for Exam inin g Applications for International Protection Regulations. (2) Appeals to the Tribunal shall be made within fifteen (15) days from the notification on the applicant of the decision of the International Protection Agency. A copy of the appeal shall be served on the Chief Executive Officer: Provided that the Tribunal may assume that the applicant has implicitly withdrawn his application of appeal when it is ascertained that: (a) he has failed to provide information essential to his appeal unless the applicant demonstrates, within a reasonable time, that his failure was due to circumstances beyond his control; (b) he has abandoned or left without authorisation the place where he lived or was held, without contacting the competent authorities within a reasonable time or he has not, within thirty (30) days, complied with reporting duties or other obligations to communicate.. (3) The International Protection Appeals Tribunal shall, as the particular case may require, make arrangements to procure the attendance of an interpreter to assist at the hearings. (4) An appellant shall have the right to free legal aid under the same conditions applicable to Maltese nationals. (5) The Tribunal may hold an oral hearing if it so deems fit. Such S.L.420.07 S.L.420.07. 9 10 [ CAP. 420. INTERNATIONAL PROTECTION oral hearings shall be held in camera, unless the Tribunal authorizes such hearing to be public, after a request by one of the parties, or if the Tribunal so deems fit. (6) The Tribunal shall require applicants to make written submissions within not more than fifteen (15) days following the submission of the appeal application. The submission shall be made without prejudice to the presentation of additional evidence, particularly documentation that could not have been available when the submission was made, in the course of the proceedings. (7) Without prejudice to article 23, the Tribunal shall ensure that each case is concluded within three (3) months of the lodging the appeals application. In cases involving complex issues of fact or law, the time-limit set out in sub-article (1) may be prolonged by an additional three (3) month period. This time limit may only be further extended where exceptional circumstances make it impossible for the Tribunal to decide on the appeal within a total period of six (6) months. (8) A representative of the High Commissioner shall be entitled to attend the sittings of the Tribunal. (9) Subject to regulations made under article 25(1)(b), the Tribunal shall regulate its own procedure. The Tribunal shall also through the Chairperson have the power to administer an oath to any person appearing before it. Cap. 319. (10) Notwithstanding the provisions of any other law, but without prejudice to article 46 of the Constitution of Malta and without prejudice to the provisions of article 4 of the European Convention Act the decision of the Tribunal shall be final and conclusive and may not be challenged and no appeal may lie therefrom, before any court of law, saving the provisions of article 7A. (11) Where the Tribunal finds in favour of the applicant the International Protection Agency shall issue a declaration accordingly. Subsequent application after final decision. Added by: VII. 2008.7. Substituted by: VI. 2015.5. Amended by: XX. 2017.5; XL.2020.10; XIX.2022.6. 7A. (1) A person who has applied for international protection may make a subsequent application after a final decision to the the International Protection Agency: Provided that such application shall only be considered on the presentation of new elements or findings, relating to the e x a m i n a t i o n o f w h e t h e r t h e p e r s o n m a k i n g t h e s u bs e q ue n t application qualifies as a beneficiary of international protection, and of which the applicant could not have been aware or which he could not have submitted. (2) The person submitting a subsequent application shall indicate facts and provide evidence which justify this procedure. (3) The examination may be conducted on the sole basis of written subm ission s and the person m ak ing the subsequent application is to be informed of the outcome of the examination and of his right for an appeal. (4) For the purpose of taking a decision on the admissibility of INTERNATIONAL PROTECTION [ CAP. 420. an application pursuant to article 24, a subsequent application shall be subject to a preliminary examination as to whether new elements or findings have arisen or have been presented since the lodging of the first application. (5) If the preliminary examination referred to in sub-article (4) concludes that new elements or findings have arisen or have been presented by the applicant which significantly add to the likelihood of the applicant qualifying as a beneficiary of international protection, a further examination of the application shall be carried out: Provided that an application shall only be further examined if the applicant concerned was, through no fault of his own, incapable of concluding that new elements or findings have arisen. (6) When a subsequent application is not further examined pursuant to this article, it shall be considered inadmissible, in accordance with article 24(1)(d). (7) The procedure referred to in this article may also be applicable in the case of: (a) a dependent who lodges an application after he has, in accordance with article 24(1)(g), consented to have his case be part of an application lodged on his behalf; (b) an unmarried minor who lodges an application after an application has been lodged on his behalf. (8) For the purpose of this article, the International Protection Agency shall ensure that: (a) the preliminary examination referred to in this article will consist of examining whether there are facts relating to the dependent’s or the unmarried minor’s situation which justify a separate application; (b) that the applicant whose subsequent application is subject to a preliminary examination enjoys the guarantees provided for in regulation 4 of the Procedural Standards in Examining Applications for International Protection Regulations; (c) that the applicant is informed in an appropriate manner of the outcome of the preliminary examination and, if the application is not to be further examined, of the reasons why and the possibilities for seeking an appeal or review of the decision. (9) The preliminary examination may be conducted on the sole basis of written submissions and the person making the subsequent application is to be informed of the outcome of the preliminary examination. (10) Where a person in whose regard a transfer decision has to be enforced pursuant to Regulation (EU) No. 604/2013 makes further representations or a subsequent application in the transferring Member State, those representations or subsequent applications shall be examined by the responsible Member State in accordance with the S.L.420.07 11 12 [ CAP. 420. INTERNATIONAL PROTECTION provisions of this Regulation, this Act and its subsidiary legislation. PART IV Refugee Status and Subsidiary Protection Status I - Refugee Status Qualification for refugee status. Amended by: VIII. 2004.5. Substituted by: VII. 2008.8. Amended by: VI. 2015.6; XXI of 2020; XL.2020.11. 8. (1) A person may apply to the International Protection Agency, in the prescribed form, and shall be granted refugee protection, where it is established that he faces a well-founded fear of persecution in his country of origin or habitual residence in terms of the Convention. (2) A well-founded fear of persecution may be based on events which have taken place after applicant has left his country of origin or activities engaged in by applicant since leaving the country of origin, except when based on circumstances which the applicant has created by his own decision since leaving the country of origin. (3) For the purpose of this article, a previous persecution or serious harm or a direct threat of such persecution or harm shall be considered as a serious indication of the applicant’s well-founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or previous harm will not be repeated. (4) Where the Chief Executive Officer decides that the applicant is eligible for refugee status, he shall make a declaration to this effect. Cessation of qualification for refugee status. Substituted by: VII. 2008.8. Amended by: VI. 2015.7; XL.2020.12. 9. (1) A person shall cease to possess refugee status if he - (a) has voluntarily re-availed himself of the protection of the country of his or her nationality, or, having lost his nationality, has voluntarily re-acquired it; or (b) has acquired a new nationality and enjoys the protection of the country of his new nationality; or (c) has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; or (d) can no longer, because the circumstances in connection with which he has been recognised as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality; or (e) is a person who has no nationality and, because the circumstances in connection with which he has been recognised as a refugee have ceased to exist, is able to return to the country of his former habitual residence: Provided that in paragraphs (d) and (e), regard shall be had as to whether the change of circumstances is of such a significant and non-temporary nature that the refugee’s fear of persecution can no longer be regarded as well-founded: Provided further that paragraphs (d) and (e) shall not apply to a refugee who is able to invoke compelling reasons arising out of INTERNATIONAL PROTECTION [ CAP. 420. 13 previous persecution for refusing to avail himself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence. (2) A person who is notified that he has ceased to possess refugee status shall be entitled to appeal against such decision to the Tribunal within fifteen (15) days of such notification and the provisions of article 7 shall mutatis mutandis apply to such appeal. The decision of the Tribunal shall be final. 10. (1) The International Protection Agency shall revoke, end or refuse to renew the refugee status of a third-country national or a stateless person, if he has ceased to be a refugee in accordance with article 9. (2) Without prejudice to the duty of the refugee to disclose all facts and provide all relevant documentation at his disposal, the International Protection Agency shall be entitled to demonstrate that the person concerned has ceased to be or has never been a refugee in accordance with sub-article (1) of this article. (3) The International Protection Agency shall revoke, end or refuse to renew the refugee status of a third-country national or stateless person if, after he has been granted refugee status, it is established that: (a) he should have been or is excluded from being a refugee in accordance with article 12; (b) his misrepresentation or omission of facts, including the use of false documents, was decisive for the granting of refugee status. (4) The International Protection Agency may revoke, end or refuse to renew the status granted to a refugee when: (a) there are reasonable grounds for regarding him as a danger to national security; (b) he, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community. (5) A person whose refugee status is being reconsidered shall be informed in writing that his qualification for refugee status is being reconsidered, is given reasons for such reconsideration and is given the opportunity to submit, in a personal interview or in a written statement, his reasons as to why his refugee status should not be withdrawn. (6) A person, in whose regard, the International Protection Agency has revoked, ended or refused to renew a refugee status, shall be entitled to appeal against this decision before the Tribunal within one (1) week of the notification of the decision on him and the provisions of article 7 shall mutatis mutandis apply. Revocation of, ending of or refusal to renew refugee status. Substituted by: VII. 2008.8. Amended by: XXI of 2020. Substituted by: XL.2020.13. Amended by: XIX.2022.7. 14 [ CAP. 420. Expulsion. Substituted by: VII. 2008.8. INTERNATIONAL PROTECTION 11. (1) The Minister may order the expulsion from Malta of any refugee or persons granted subsidiary protection on grounds of national security or public order, and pending such expulsion such person shall be held in custody. (2) The provisions of article 7 shall, mutatis mutandis, apply to expulsion orders issued under this article. (3) Any refugee to whom this article applies shall be allowed a reasonable period of time within which to seek legal admission into another country. Exclusion. Substituted by: VII. 2008.8. 12. (1) A third country national or a stateless person is excluded from being a refugee if: (a) he falls within the scope of Article 1D of the Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees. When such protection or assistance has ceased for any reason, without the position of such persons being definitely settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, such persons shall ipso facto be entitled to the benefits of this Act; or (b) he is recognised by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country, or equivalent rights and obligations. (2) A third country national or a stateless person is also excluded from being a refugee where there are serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or (b) he has committed a serious non-political crime outside the country of refuge, including particularly cruel actions even if committed with an allegedly political objective, prior to his admission as a refugee; or (c) he has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations. (3) Subarticle (2) applies to persons who instigate or otherwise participate in the commission of the crimes or acts mentioned therein. Substituted by: VI. 2015.8. II - Actors of persecution or serious harm, actors of protection, internal protection, non-refoulement and resettlement INTERNATIONAL PROTECTION [ CAP. 420. 13. (1) A person seeking international protection in Malta may apply to the International Protection Agency in the prescribed form for a declaration and shall be interviewed by the International Protection Agency as soon as practicable. (2) An applicant for international protection shall have access to state education and training in Malta and to receive state medical care and services. 15 Applications for International Protection. Substituted by: VII. 2008.8. Amended by: VI. 2015.2; XL.2020.14; XIX.2022.8. (3) Any child or young person below the age of eighteen (18) years falling within the scope of this Act who is found under circumstances which clearly indicate that he is a child or young person in need of care, shall be allowed to apply for international protection, and for the purposes of this Act, shall be assisted by a representative appointed by the Chief Executive Officer of the Agency for the Welfare of Asylum Seekers. (4) The International Protection Agency shall immediately inform the competent authorities once an unaccompanied minor makes an application for international protection. 14. (1) A person shall not be expelled from Malta or returned in any manner whatsoever to the frontiers of territories where the life or freedom of that person would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. Prohibition of refoulement. Substituted by: VII. 2008.8. (2) The provisions of subarticle (1) shall not apply to a refugee or a person enjoying subsidiary protection in respect of whom there are reasonable grounds for regarding him as a danger to the security of Malta, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community. 15. The Minister may, at the written request of an applicant, or of a recognized refugee or of a person enjoying subsidiary protection, and, where necessary, with the assistance of the High Commissioner, facilitate the resettlement of such person to another country and do all that is required for the purpose. Resettlement. Substituted by: VII. 2008.8. 16. The International Protection Agency shall ensure as far as possible that the application of this Act is in conformity with accepted international practice, and for this purpose may seek the assistance of t he High Com mission er or of an y national or international non-governmental body concerned with refugee matters. Assistance. Substituted by: VII. 2008.8. Amended by: XL.2020.15. III - Subsidiary Protection Status 17. (1) The International Protection Agency shall decide as to whether subsidiary protection status may be granted to an applicant for international protection whose application has been dismissed but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his country of origin, or in the case of a stateless person, to his country of former habitual residence, would face a real risk of suffering serious harm, and the International Protection Agency shall continue to be able to take such a decision in cases where the real risk of suffering serious harm Qualification for subsidiary protection status. Substituted by: VII. 2008.8. Amended by: VI. 2015.2, 9; XXI of 2020; XL.2020.15. 16 [ CAP. 420. INTERNATIONAL PROTECTION arises even after a decision not to grant subsidiary protection has been taken: Provided that a third country national or a stateless person is excluded from being eligible for subsidiary protection where there are serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes or is a person who instigates or otherwise participates in the commission of such crimes; or (b) he has committed a serious crime; or (c) he has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations; or (d) he constitutes a danger to the community or to the security of Malta: Provided further that paragraphs (a), (b), (c) and (d) shall also apply to persons who instigate or otherwise participate in the commission of the crimes or acts mentioned therein: Provided also that the decision concerning the granting of subsidiary protection shall be given in conjunction with the formal determination that the applicant does not meet the criteria of a refugee under this Act. (2) For the purpose of this article, a real risk of suffering serious harm may be based on events which have taken place after the applicant has left his country of origin or activities engaged in by applicant since leaving the country of origin, except when based on circumstances which the applicant has created by his own decision since leaving the country of origin. (3) The International Protection Agency may exclude a third country national or a stateless person from being eligible for subsidiary protection if applicant, prior to his admission to Malta, has committed one or more crimes, outside the scope of subarticle (1), which would be punishable by imprisonment had they been committed in Malta and if applicant left his country of origin solely in order to avoid sanctions resulting from these crimes. Temporary humanitarian protection. Added by: XL.2020.17. Amended by: XIX.2022.9; III.2025.2. 17A. (1) The International Protection Agency may declare that temporary humanitarian protection is granted to an applicant for international protection who does not qualify for refugee status or subsidiary protection status, but who is deemed to qualify for protection on humanitarian grounds. Such temporary humanitarian protection may be granted to: (a) an unaccompanied minor who cannot be returned to his country of origin pursuant to the principle of the best interests of the child; (b) an applicant who is terminally ill or suffers from a INTERNATIONAL PROTECTION [ CAP. 420. severe or life-threatening medical condition that cannot be treated in the applicant’s country of origin or in the country of former habitual residence for persons who are recognised as being stateless, or if treatment is available, he would not have access to such treatment; and (c) to an applicant who cannot be returned in view of other humanitarian considerations. Such considerations may include, inter alia, cases of serious disability that significantly affect the applicant’s ability to conduct a normal life: Provided that a third country national or a stateless person is excluded from being eligible for temporary humanitarian protection where there are serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes or is a person who instigates or otherwise participates in the commission of such crimes; or (b) he has committed a serious crime; or (c) he has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations; or (d) he constitutes a danger to the community or to national security: Provided that paragraphs (a), (b), (c) and (d) shall also apply to persons who instigate or otherwise participate inthe commission of the crimes or acts mentioned therein: Provided further that the decision concerning the granting of temporary humanitarian protection shall be given in conjunction with the formal determination that the applicant does not meet the criteria of a refugee or a beneficiary of subsidiary protection under this Act: Provided further that temporary humanitarian protection may also be considered in respect of applicants whose application has been rejected by a final decision, who make a request for temporary humanitarian protection and who fall under one of the grounds listed in sub-article (1): Provided further that no appeal shall lie from a decision by the International Protection Agency not to grant temporary humanitarian protection. (2) The status may be revoked, ended or not renewed whenever the conditions under which it was granted no longer subsist, or if after being granted temporary humanitarian protection, the beneficiary 17 18 [ CAP. 420. INTERNATIONAL PROTECTION should have been or is excluded from being eligible for temporary humanitarian protection in accordance with sub-article (1): Provided that the International Protection Agency shall be empowered to set up the necessary procedures to ensure that an applicant qualifies for temporary humanitarian protection and that he still meets the necessary eligibility criteria: Provided further that the International Protection Agency may revoke, end or refuse to renew this status when it is established that a beneficiary of temporary humanitarian protection did not originally meet the criteria to be eligible for this status: Provided further that no appeal shall lie from a decision by the International Protection Agency to revoke, end or not renew temporary humanitarian protection. (3) A decision of the International Protection Agency declaring an applicant for international protection, a beneficiary of temporary humanitarian protection shall be without prejudice to the right of the applicant to appeal against the decision not to grant refugee or subsidiary protection status. Actors of real or serious threat. Amended by: VIII. 2004.6. Substituted by: VII. 2008.8; VI. 2015.10. 18. The following may be considered as actors of persecution or serious harm: (a) the State; (b) parties or organizations controlling the State or a substantial part of the territory of the State; (c) non-State actors, if it can be demonstrated that the actors mentioned in paragraphs (a) and (b), including international organizations, are unable or unwilling to provide protection against such acts of persecution or serious harm. Actors of protection. Added by: VII. 2008.8. Amended by: VI. 2015.11. 19. (1) Protection may be provided by: (a) the State; or (b) parties or organizations, including international organizations, controlling the State or a substantial part of the territory of the State: Provided that, for the purpose of this article, actors of protection referred to in paragraphs (a) and (b) are willing and able to offer protection in accordance with sub-article (2). (1A) For the purpose of this article, when assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as described in sub-article (2), account shall be taken of any guidance provided for in any other relevant provision of national law, any European Union Act or relevant documentation issued by the High Commissioner. (2) Protection against persecution or serious harm must be effective and of a non-temporary nature. Such protection is INTERNATIONAL PROTECTION [ CAP. 420. 19 provided when the entities mentioned in sub-article (1) take reasonable steps to prevent the acts mentioned in article 17(1) by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and the applicant has access to such protection. 20. (1) As part of the assessment of the application for i n t e r n a t i o n a l p r o t e c t i o n , t h e C h i e f E x e c u t i v e O ff i c e r m a y determ ine that the applicant is not in need of international protection if, in the exercise of his functions, he deems that in a part of the country of origin, the applicant: Internal protection. Added by: VII. 2008.8. Substituted by: VI. 2015.12. (a) has no well-founded fear of being persecuted or is not at real risk of suffering serious harm; or (b) has access to protection against persecution or serious harm as mentioned in article 19, and the applicant can safely and legally travel to and gain admittance to that part of the country of origin and can reasonably be expected to settle there. (2) In examining whether a part of the country of origin is in accordance with sub-article (1), the Chief Executive Officer shall at the time of taking the decision on the application, have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the applicant. (3) For the purposes of this article, the Chief Executive Officer shall ensure that precise and up-to-date information is obtained from relevant sources, such as the United Nations High Commissioner for Refugees and the European Asylum Support Office. 21. Subsidiary protection shall cease if the International Protection Agency is satisfied that the circumstances which led to the granting of subsidiary protection status have ceased to exist or have changed to such a degree that protection is no longer required: Provided that regard shall be had as to whether the change of circumstances is of such a significant and non-temporary nature that the person eligible for subsidiary protection no longer faces a real risk of serious harm: Provided further that the provisions of this article shall not apply to a beneficiary of subsidiary protection who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence. Cessation of qualification of subsidiary protection status. Added by: VII. 2008.8. Amended by: VI. 2015.13; XXI of 2020; XL.2020.18. 20 [ CAP. 420. Revocation of, ending of or refusal to renew subsidiary protection status. Added by: VII. 2008.8. Amended by: XX. 2017.6; XXI of 2020. Substituted by: XL.2020.19. Amended by: XIX.2022.10; III.2025.3. INTERNATIONAL PROTECTION 22. (1) The International Protection Agency shall revoke, end or refuse to renew the subsidiary protection status of a third-country national or a stateless person if he has ceased to be eligible for subsidiary protection in accordance with article 21. (2) The International Protection Agency may revoke, end or refuse to renew the subsidiary protection status of a third-country national or a stateless person if after having been granted subsidiary protection status, he or she should have been excluded from being eligible for subsidiary protection in accordance with article 17(3). (3) The International Protection Agency shall revoke, end or refuse to renew the subsidiary protection status of a third-country national or stateless person, if he, after having been granted subsidiary protection status, should have been or is excluded from being eligible for subsidiary protection where there are serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in international instruments drawn up to make provision in respect of such crimes or is a person who instigates or otherwise participates in the commission of such crimes; or (b) he has committed a serious crime; or (c) he has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations; or (d) he constitutes a danger to the community or the security of Malta: Provided that paragraphs (a), (b), (c) and (d) shall also apply to persons who instigate or otherwise participate in the commission of the crimes or acts mentioned therein. (3a) The International Protection Agency shall revoke, end or refuse to renew the subsidiary protection status of a third-country national or stateless person, if their misrepresentation or omission of facts, including the use of false documents, was decisive for the granting of subsidiary protection status. (4) A person whose subsidiary protection status is being reconsidered, shall be informed in writing that his qualification as a beneficiary of subsidiary protection status is being reconsidered, is given reasons for such reconsideration and is given the opportunity to submit, in a personal interview or in a written statement, his reasons as to why his subsidiary protection status should not be withdrawn. (5) Without prejudice to the duty of the third-country national or stateless person to disclose all relevant facts and provide all relevant documentation at his disposal, the International Protection Agency INTERNATIONAL PROTECTION [ CAP. 420. 21 shall be entitled to demonstrate that the person concerned has ceased to be or is not eligible for subsidiary protection in accordance with sub-articles (1), (2) and (3) of this article. (6) A person, in whose regard the International Protection Agency has revoked, ended or refused to renew a subsidiary protection status, shall be entitled to appeal against this decision before the Tribunal within one (1) week from when the notification of the decision has been served on him, and the provisions of article 7 shall mutatis mutandis apply. PART V Accelerated Procedures 23. (1) A person seeking international protection in Malta in terms of article 8 shall be examined under accelerated procedures in accordance with this article when his application appears to be manifestly unfounded. (2) Where the International Protection Agency is of the opinion, at whichever stage, that the application is manifestly unfounded, the Chief Executive Officer shall examine the application within three working days and shall, where applicable, decide that the application is manifestly unfounded. (3) The decision shall immediately be referred to the Chairperson of the International Protection Appeals Tribunal who shall examine and review the decision of the International Protection Agency within three working days. (4) The decision of the Chairperson of the International Protection Appeals Tribunal o n w h e t h e r t h e a p p l i c a t i o n i s m a n i f e s t l y unfounded shall be final and conclusive and, notwithstanding the provisions of any other law, no appeal or form of judicial review shall lie before the Tribunal or before any other court of law. (5) Where, following the procedures outlined in the previous provisions of this article, an application is rejected, the Chairperson of the International Protection Appeals Tribunal shall send a copy of the decision with the grounds therefor to the Minister and the International Protection Agency. (6) Any interview with the applicant under the foregoing provisions of this article shall, where necessary, be conducted in private and with the assistance of an interpreter. The applicant shall also be informed of his right to obtain the services of a legal adviser to assist him during accelerated proceedings and to consult the High Commissioner. (7) Where the application is considered not to be manifestly unfounded such application shall be examined under normal procedures as provided under this Act. (8) Without prejudice to the generality of the foregoing provisions of this article, if in the process of examining any application submitted in terms of article 8, the Chief Executive Officer arrives at the conclusion that the application should be Manifestly unfounded applications. Added by: VII. 2008.8. Amended by: VI. 2015.2; XL.2020.20; XIX.2022.11; III.2025.4. 22 [ CAP. 420. INTERNATIONAL PROTECTION dealt with under accelerated procedures on the basis of its being manifestly unfounded or because the applicant has found or could have found safe protection elsewhere in terms of the Convention and the Directives, the application shall be dealt with under accelerated procedures and the foregoing provisions of this article shall mutatis mutandis apply. (9) If an applicant holds a travel document issued by a safe third country pursuant to the Convention and the Directives, he may be declared to have been safe from persecution in such State and his application shall be dealt with under accelerated procedures in accordance with the foregoing provisions of this article. Accelerated procedures. Added by: VI. 2015.14. 23A. An unaccompanied minor may be examined under accelerated procedures, in accordance with this article, when: (a) the applicant comes from a country which satisfies the criteria to be considered a safe country of origin, within the meaning of this Act; (b) the applicant has introduced a subsequent application for international protection which is not inadmissible in accordance with article 24; (c) the applicant may for serious reasons be considered a danger to the national security or public order of Malta or the applicant has been forcibly expelled for serious reasons of public security or public order under national law. Unfounded applications. Added by: III.2025.5. S.L. 420.07. 23B. Without prejudice to regulation 13 of the Procedural Standards for Granting and Withdrawing International Protection, the International Protection Agency may only consider an application to be unfounded, if it has established that the applicant does not qualify for international protection: Provided that the International Protection Agency shall consider an application to be manifestly unfounded, if it has established that the applicant does not qualify for international protection, and that the application falls under the definition of "manifestly unfounded" in article 2. Inadmissible applications. Added by: VII. 2008.8. Amended by: VI. 2015.15; XX. 2017.7; XL.2020.24. 24. (1) The application of any person in Malta seeking international protection and who falls under any one of the following conditions, shall be inadmissible if: (a) another Member State has already granted him international protection; (b) a country which is not a Member State is considered as a first country of asylum for the applicant; (c) a country which is not a Member State is considered as a safe third country for the applicant; (d) the applicant made a subsequent application, where no new elements or findings relating to the examination of whether the applicant qualifies as a beneficiary of international protection have arisen or have been presented INTERNATIONAL PROTECTION [ CAP. 420. 23 by the applicant in accordance with the provisions of subarticles (4) and (5) of article 7A; (e) a dependent of the applicant lodges an application after consenting to have his case part of an application made on his behalf, and there are no facts relating to the dependent person’s situation which justify a separate application or; (f) the applicant has been recognized in a country which is not a Member State as a refugee and can still avail himself of that protection or otherwise enjoys sufficient protection in that country including benefiting from the principle of non-refoulement, and such person can be re-admitted to that country. (2) The provisions of article 23(2), (3), (4) and (5) shall apply mutatis mutandis to inadmissible applications. (3) The International Protection Agency shall allow applicants to present their views, with regard to the application, of the grounds referred to in this article before a decision on the admissibility of an application has been taken. A personal interview on the ad …