REFUGEES _g CAP. 420.  1
CHAPTER 420
REFUGEES ACT
AN ACT to make provisions relating to and establishing procedures with
regard to refugees and asylum seekers.
1st October, 2001
ACT XX of 2000.
PART I 
General Provisions
Title.
Interpretation.
"applicant" means a person who has made an application for a
declaration under article 8;
"application" means an application for refugee status made under
article 8;
"asylum seeker" means a person who has made an application for
a declaration under article 8;
"the Commissioner" means the Refugee Commissioner; and
includes to the extent and authority given, any other person
temporarily authorised in that behalf by the Minister;
"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
referred to in article 28 of the Convention;
"declaration" means a declaration that a person is a refugee;
"dependent members of the family" means the spouse of the
refugee, provided the marriage is subsisting on the date of the
refugee’s application, and such children of the refugee who on the
date of the refugee’s application are under the age of eighteen years
and are not married;
"the High Commissioner" means the United Nations High
Commissioner for Refugees or his representative;
"humanitarian protection" means special leave to remain in
Malta until such time when the person concerned can return safely
to his country of origin or otherwise resettle safely in a third
country;
Cap. 217.
"immigration officer" means an immigration officer appointed
under the Immigration Act;
"manifestly unfounded application" means an application 
( a ) which is not related to refugee grounds as defined in
2 _g CAP. 420. REFUGEES
the Convention; or
( b ) which is totally lacking in substance and the applicant
provides no indications that he would be exposed to
fear of persecution in his own country or his story
contains no circumstantial or personal details; or
( c ) in relation to which the applicant gives clearly
insufficient details or evidence to substantiate his
claim and his story is inconsistent, contradictory or
fundamentally improbable; or 
( d ) in relation to which applicant bases his application on
a false identity or on forged or counterfeit documents
which he maintains as genuine when questioned about
them; or
( e ) in relation to which applicant deliberately made false
representations of a substantial nature; or 
( f ) in relation to which applicant, without reasonable
cause and in bad faith, destroyed, damaged or disposed
of any passport, other document or ticket relevant to
his claim, either in order to establish a false identity
for the purpose of his application or to make the
consideration of his application by the authorities
more difficult; or
( g ) in relation to which applicant deliberately failed to
reveal that he had previously lodged an application for
asylum in another country; or
( h ) in relation to which the applicant, having had ample
earlier opportunity to submit an asylum application,
submitted the application in order to forestall an
impending removal order from Malta, and did not
provide a valid explanation for not having applied
earlier; or 
( i ) in relation to which applicant has flagrantly failed to
comply with the substantive obligations imposed by
Malta’s legal provisions relating to asylum
procedures; or 
( j ) prior to which the applicant had made an application
for recognition as a refugee in a country party to the
Convention, and the Commissioner is satisfied that his
application was properly considered and rejected in
that country and the applicant has failed to show a
material change of these circumstances;
"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;
"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 person who, owing to a well founded fear of
being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion, is
REFUGEES _g CAP. 420.  3
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 -
( a ) who is receiving from organs or agencies of the United
Nations (other than the High Commissioner)
protection or assistance;
( b ) with respect to whom there are serious reasons for
considering that such person -
(i) 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
(ii) has committed a serious non-political crime
outside Malta prior to his arrival in Malta; or
(iii) has been guilty of acts contrary to the purposes
and principles of the United Nations:
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;
"safe country of origin" means a country of which an applicant is
a national or citizen or, if he is not a national or citizen thereof, in
which he has a right of residence and which, in general terms, is
considered as presenting no serious risk of persecution on the basis
of the following assessment criteria -
( a ) that the country generally tends not to generate
refugees;
( b ) that the country formally adheres to its obligations
according to international human rights instruments
and both in its domestic law and practice meets those
obligations and has moreover a history showing that it
allows recognised national or international
organisations to monitor its human rights record;
( c ) that the country demonstrates in law and in practice its
capacity to adhere to democratic processes, including
free elections, political pluralism and freedom of
expression and thought with particular attention to the
availability and effectiveness of legal avenues of
protection and redress: 
Provided that in any assessment reached of a
country’s capacity to be safe from persecution in terms
of the Convention, allowance shall be made to the
possibility of sudden dramatic changes in its political
or legal situation which would render it no longer a
4 _g CAP. 420. REFUGEES
safe country;
"safe third country" means a country of which the applicant is
not a national or citizen and where -
( a ) the life or freedom of the applicant would not be
threatened within the meaning of Article 33 of the
Convention; and
( b ) the applicant had resided for a meaningful period of
time prior to his entry into Malta; and 
( c ) the applicant would not be exposed to torture or
inhuman or degrading treatment, and would be treated
in accordance with basic human rights standards; and 
( d ) the applicant had either already been granted
protection or has had an opportunity, at the border or
within the territory of that country, to make contact
with that country’s authorities in order to seek their
protection, before applying for asylum in Malta, or
where there is clear evidence of his admissibility to
that country; and 
( e ) the applicant is afforded effective protection against
refoulement  within the meaning of the Convention.
1951 Convention 
on the Status 
relating to 
Refugees.
3. This Act incorporates the obligations assumed by Malta
under the Convention, and in its interpretation regard shall be had
to the provisions of the Convention.
PART II
Procedures
Title I - The Refugee Commissioner
Establishment of 
Refugee 
Commissioner.
4. (1) There shall be a person who shall be known as the
Refugee Commissioner.
(2)    The Commissioner 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 Commissioner 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 Commissioner as he may consider
necessary to assist the Commissioner in the performance of his
functions.
Title II - Refugee Appeals Board
Establishment of 
Refugee Appeals 
Board.
5. (1) The Refugee Appeals Board shall consist of a
chairperson and two other members who shall be appointed by 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
REFUGEES _g CAP. 420.  5
purpose:
Provided that at least one of the members of the Board
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 years.
Appointment.
three years, and shall be eligible for reappointment.
(3) The Minister may also appoint a substitute chairperson and
substitute members of the Board to sit on the Board whenever the
chairperson or members or any one of them is for some valid reason
unable temporarily to attend and participate in the sittings of the
Board:
Provided that, as far as practicable, the same chairperson
and the same members shall hear and conclude the same case.
Removal.
by the Prime Minister on the grounds of gross negligence,
incompetence, or acts, omissions or conduct unbecoming a member
of the Board.
Appeals to Board.
appeals against a recommendation of the Commissioner.
(2) Appeals to the Board shall be made within two weeks from
the notification on the applicant of the recommendation of the
Commissioner. Where the appeal is entered by the applicant a copy
of the appeal shall be served on the Minister and the Commissioner.
Where the appeal is entered by the Minister a copy of the appeal
shall be served on the applicant and the Commissioner.
(3) When an appeal is entered by the Minister, an applicant
who is in custody in virtue only of a deportation or removal order
shall be released pending the decision of the Board.
(4) The Refugee Appeals Board shall, as the particular case
may require, make arrangements to procure the attendance of an
interpreter to assist at the hearings.
(5) An appellant shall have the right to free legal aid under the
same conditions applicable to Maltese nationals.
(6) Provided all the parties agree thereto, the sittings of the
Board shall be held i n camera .
(7) Notwithstanding the provisions of the previous subarticle,
a representative of the High Commissioner shall be entitled to
attend the sittings of the Board.
(8) Subject to regulations made under article 19(1)( b ) of this
Act, the Board shall regulate its own procedure. The Board shall
also through the Chairperson have the power to administer an oath
to any person appearing before it.
Cap. 319.
(9) 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 Board shall be final and
conclusive and may not be challenged and no appeal may lie
6 _g CAP. 420. REFUGEES
therefrom, before any court of law.
(10) Where the Board finds in favour of the applicant the
Minister shall issue a declaration accordingly.
(11) The provisions of this article shall not apply in the case of
applications that fall to be considered under accelerated procedures
in terms of article 18 of this Act.
PART III
Treatment of Asylum Seekers and Refugees
Applications for 
refugee status.
8. (1) A person seeking asylum in Malta shall be interviewed
by an immigration officer as soon as practicable, and may apply to
the Commissioner in the prescribed form for a declaration. The
prescribed form shall, where possible, be in a language that the
applicant understands. The immigration officer shall also inform
such a person of his right to apply for a declaration and to consult
the High Commissioner and to have legal assistance during all the
phases of the asylum procedure.
(2) A person who at any time is in Malta (whether lawfully or
unlawfully) and is seeking the status of a refugee in Malta may
apply in the prescribed form to the Commissioner for a declaration
and the Commissioner shall require the applicant to attend an
interview within one week. An interview under this subarticle shall
be conducted in private and, where necessary, with the assistance
of an interpreter.
(3) All information concerning applications for refugee status
shall remain confidential. Under no circumstance shall any
information concerning such applications be disclosed to the
authorities of the country of origin of the applicant, nor shall any
information be requested from such authorities regarding the
applicant.
(4) The High Commissioner shall have free access to any
asylum seeker and to be present during any interview of such
person by the Refugee Commissioner.
(5) The Commissioner shall as soon as possible examine any
application for refugee status made in accordance with subarticles
(1) or (2) hereof and shall recommend or otherwise to the Minister
the acceptance of the application.   In so doing he shall ensure that
the applicant has presented his case fully, has supported it with
testimonies and has given adequate explanations for all the reasons
he has submitted in his application. Any decision by the
Commissioner on any application shall be in writing and shall state
the reasons supporting it.
(6) If the Commissioner recommends the acceptance of the
application, the Minister shall make a declaration declaring
applicant eligible for refugee status or appeal against such
recommendation in accordance with article 7.
(7) The Commissioner may recommend to the Minister that, in
spite of the fact that a person does not satisfy the requirements to
be recognised as a refugee, such person should be granted
REFUGEES _g CAP. 420.  7
humanitarian protection in Malta.
(8) When such recommendation is made the Minister shall
grant such humanitarian protection; such protection shall cease if
the Minister is satisfied, after consulting the Commissioner, that
such protection is no longer necessary.
Prohibition of 
refoulement.
9. (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.
(2) The provisions of subarticle (1) of this article shall not
apply to a refugee 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 judgement of a particularly
serious crime, constitutes a danger to the community.
Treatment of 
asylum seekers.
10. (1) Notwithstanding the provisions of any other law to the
contrary, an asylum seeker shall not be removed from Malta before
his application is finally determined in accordance with this Act
and such applicant shall be allowed to enter or remain in Malta
pending a final decision of his application. He shall also have
access to state education and training in Malta and to receive state
medical care and services.
(2) An asylum seeker -
( a ) shall not seek to enter employment or carry on
business unless with the consent of the Minister;
( b ) shall, unless he is in custody, reside and remain in the
places which may be indicated by the Minister;
( c ) shall report at specified intervals to the immigration
authorities as indicated by the Minister:
Provided that if any such applicant is in breach of any of
the provisions of paragraphs ( a ), ( b ), ( c ) hereof he shall be guilty of
an offence and shall be liable on conviction to imprisonment for a
term of not more than six months.
(3) If the applicant leaves Malta voluntarily, his application
will be deemed to be withdrawn, unless his departure from Malta is
authorised by the Minister.
Rights of refugees.
contrary, and notwithstanding any deportation or removal order, a
person declared to be a refugee shall be entitled -
( a ) to remain in Malta, and to be granted personal
documents, including a residence permit; and if in
custody in virtue only of a deportation or removal
order, to be immediately released;
( b ) unless he is in custody awaiting judicial proceedings
for the commission of a criminal offence, or is serving
a term of imprisonment, to be given a Convention
Travel Document entitling him to leave and return to
Malta without the need of any visa;
8 _g CAP. 420. REFUGEES
( c ) to have access to state education and training in Malta,
and to receive state medical care and services.
(2) Dependant members of the family of a person declared to
be a refugee, if they are in Malta at the time of declaration or if
they join him in Malta, enjoy the same rights and benefits as the
refugee.
Young persons.
Cap. 285.
12. Any child or young person below the age of eighteen 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 asylum, and
for the purposes of this Act, shall be assisted in terms of the
Children and Young Persons (Care Orders) Act, as if he were a
child or young person under such Act.
Resettlement. 13. The Minister may at the written request of an applicant or
recognised refugee, and where necessary, with the assistance of the
High Commissioner, facilitate the resettlement of any applicant or
refugee to another country and do all that is required for the
purpose.
Assistance. 14. The Commissioner 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 the High
Commissioner or of any national or international non-governmental
body concerned with refugee matters. 
PART IV
Revocation of Declaration
Cessation of 
refugee status.
15. (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 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 Refugee Appeals Board within two weeks of such notification
and the provisions of article 7 of this Act shall mutatis mutandis
REFUGEES _g CAP. 420.  9
apply to such appeal. The decision of the Refugee Appeals Board
shall be final.
Cancellation of 
Refugee status.
16. (1) The Minister may revoke a declaration of refugee
status if he is satisfied, after due investigation, that a person to
whom a declaration has been given has been erroneously
recognized as a refugee on an application which contains any
materially incorrect or false information, or was so recognized
owing to fraud, forgery, false or misleading representation of a
material or substantial nature in relation to the application.
(2) A person in whose regard the Minister has revoked a
declaration under subarticle (1) of this article shall be entitled to
appeal against the revocation to the Refugee Appeals Board within
one week of the notification of the revocation to him, and the
provisions of article 7 of this Act, shall,  mutatis mutandis  apply to
such appeal.
Expulsion of a 
refugee.
17. (1) The Minister may order the expulsion from Malta of
any refugee 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 of this Act 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.
PART V
Accelerated Procedures
Accelerated 
procedures.
18. (1) A person seeking asylum in Malta in terms of article 8
of this Act shall be examined under accelerated procedures in
accordance with this article when - 
( a ) his application appears  prima   facie  to be manifestly
unfounded as defined in article 2 of this Act, or 
( b ) the person is a national or citizen of a safe country of
origin as defined in article 2 of this Act, or if he is not
a national or citizen thereof, he has a right of residence
therein, and there is no serious risk to him of
persecution within the terms and scope of the
Convention, or 
( c ) the person has either already been recognized as a
refugee in terms of the Convention in a safe third
country as defined in article 2 of this Act or where he
has had the opportunity, at its border or within its
territory, to apply there for refugee status before
coming to Malta and there is clear evidence of his
admissibility to that third country.
(2) If after interviewing the applicant in accordance with the
procedures outlined in article 8(1) of this Act, the immigration
officer is of the opinion that the application falls into one or more
of the categories specified in subarticle (1) ( a ) to ( c ) of this article,
he shall immediately submit a report in writing on the case,
10 _g CAP. 420. REFUGEES
together with the application made by the person, to the
Commissioner, and a copy of all the material sent to the
Commissioner shall also be sent by the immigration officer to the
Chairman of the Refugee Appeals Board. 
(3) Where a report is made to the Commissioner under the
foregoing provisions, the Commissioner shall examine the
application without delay and in any case within three days after
receiving the report from the immigration officer in accordance
with subarticle (2) hereof. 
(4) The Chairman of the Refugee Appeals Board shall, within
three days and independently of the examination being carried out
by the Commissioner, examine an application referred to him by
the immigration officer in accordance with subarticle (2) hereof. 
(5) The opinion of the Commissioner and the Chairman of the
Refugee Appeals Board on any matter referred to them in
accordance with subarticle (2) hereof shall be formed
independently of each other on the basis of a separate interview
with the applicant, on the documentation provided by the
immigration officer, and upon any other information from
individuals, organisations or other authorities concerned which
they may independently consider necessary and expedient for the
purposes of carrying out a proper examination of the case. 
(6) Any interview with the applicant under the foregoing
provisions shall, where necessary, be conducted in private and with
the assistance of an interpreter, and, if so desired by the applicant,
in the presence of the High Commissioner. The applicant shall also
be informed of his right to obtain the services of a lawyer to assist
him during proceedings. 
(7) The applicant concerned and the High Commissioner may
make further representations, verbally or in writing, to the
Commissioner and, or the Chairman of the Refugee Appeals Board,
as the case may be, in relation to an investigation being carried out
by them in pursuance of an application considered by the
immigration officer to fall under one of the categories specified
under subarticle (1)( b ) and ( c ) hereof if the applicant concerned
claims on an individual and personal basis a serious risk to himself
in a country otherwise considered as safe within the scope of the
Convention, and the Commissioner and the Chairman of the
Refugee Appeals Board shall consider any such representations.
(8) Subject to the foregoing provisions of this article, where in
their decision the Commissioner and the Chairman of the Refugee
Appeals Board independently of each other both come to the
conclusion that the application falls under any one of the specific
categories mentioned in subarticle (1)( a ) to ( c ) of this article, the
application shall be rejected and such decision shall be final and
conclusive and notwithstanding the provisions of any other law no
appeal or action for judicial review shall lie before the Refugee
Appeals Board or before any other court of law. The decision,
including the grounds therefor, shall be communicated by the
Commissioner to the applicant orally, unless he requests its
confirmation in writing.
REFUGEES _g CAP. 420.  11
(9) ( a ) Where, following the procedures outlined in the
previous provisions of this article, an application has
been rejected, the Commissioner shall send a copy of
the decision together with the grounds therefor to -
(i) the Minister,
(ii) the Chairman of the Refugee Appeals Board,
(iii) the High Commissioner, and
(iv) the immigration officer. 
( b ) Following a decision rejecting an application examined
under accelerated procedures in accordance with this
article, the Commissioner may, if he considers it
necessary to do so, inform any third country authorities
concerned that the said asylum application was not
examined as to substance. 
(10) Where the Commissioner and the Chairman of the Refugee
Appeals Board, following an independent examination of an
application referred to them in terms of the foregoing provisions of
this article reach different conclusions or both disagree with the
opinion of the immigration officer as to whether the application
falls to be considered under any one of the categories specified in
subarticle (1)( a ) to ( c ) hereof, the applicant shall be entitled to have
his application for asylum processed under normal procedures as
provided for under this Act, including the right to appeal in terms
of article 7, and the Commissioner shall accordingly orally inform
the applicant and the High Commissioner in writing immediately. 
(11) For the purposes of subarticle (1)( b ) and ( c ) hereof, the
Minister may in writing through administrative procedures declare
a country to be safe from persecution within the terms and scope of
the Convention. The Minister may, also in writing through
administrative procedures, declare a country to be no longer safe if,
in his opinion, changes in its political or legal situation show that
the requirements of the Convention as to protection have ceased to
exist or have become unsatisfactory. 
(12) 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 of this Act, the
Commissioner arrives at the conclusion that the application should
be 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,
the application shall be dealt with under accelerated procedures and
the foregoing provisions of this article shall  mutatis   mutandis
apply. 
(13) For the purposes of subarticle (1)( c ) hereof, if an applicant
holds a travel document issued by a third safe country pursuant to
the Convention, he shall 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.
12 _g CAP. 420. REFUGEES
PART VI
Miscellaneous
Power to make 
regulations.
19. (1) The Minister may make regulations for the purpose of
enabling this Act to have full effect and, in particular, but without
prejudice to the generality of the foregoing, regulations under this
article may make provisions-
( a ) regulating applications for a declaration and the
procedure for and in relation to such applications;
( b ) regulating with the concurrence of the Refugee
Appeals Board, appeals under this Act to the Refugee
Appeals Board and the procedure for and in relation to
such appeals and for providing that any person who
contravenes or fails to comply with the provisions of
any one or more of such regulations shall be guilty of
an offence against the regulations and for establishing
the penalty being not more than that to which such
person shall on conviction be liable, a fine ( multa ) not
exceeding five hundred Maltese liri or imprisonment
not exceeding three months, or to both such fine and
imprisonment; 
( c ) regulating the provision of legal aid to asylum seekers; 
Cap. 318.
( d ) extending, with the concurrence of the Minister
responsible for social security, any of the provisions of
the Social Security Act to persons falling under this
Act;
( e ) regulating the assignment and allocation of
responsibilities and duties appertaining to the Minister
under this Act to a public officer;
( f ) regulating, with the concurrence of the Minister
responsible for labour, the granting of work permits to
recognised refugees;
( g ) for providing the means for facilitating the
identification of applicants for refugee status and for
communicating such information, when requested, to
the competent authorities of the countries with which
Malta has related bilateral agreement intended for such
purposes or which are parties to international
conventions related to refugees and to which Malta is
also a party and which provide for such exchanges.
(2) Notwithstanding the provisions of any other law, the
Minister may under this subarticle make regulations, making
provisions adding to or derogating from the provisions of this Act,
to enforce the provisions of any international convention or other
treaty relating to refugees, their status and protection, to which
Malta may become a party provided the ratification of such treaty
has been approved by a Resolution of the House of
Representatives. 
Transitory 
provision.
20. ( a ) Where, before the commencement of this Act, a person
has made an application for refugee status before the
REFUGEES _g CAP. 420.  13
High Commissioner but a decision in relation thereto
has not been made, the application shall be deemed to
be an application under article 8 of this Act and shall
be dealt with in accordance with this Act.
( b ) Without prejudice to the provisions of any other law, a
person in Malta who before the commencement of this
Act had already been recognised as a refugee by the
High Commissioner, shall upon his request continue to
be regarded as such, and the provisions of this Act,
where relevant, shall apply also to him.
( c ) A person in Malta who before the commencement of
this Act, although not recognised by the High
Commissioner as a refugee, enjoys humanitarian
protection granted to him by the said High
Commissioner, or whose case is one classified by the
High Commissioner as one of concern, shall upon his
request continue to be regarded as such and shall enjoy
humanitarian protection in Malta as defined under this
Act.
