                                            IMMIGRATION                                   g CAP. 217.               1
CHAPTER 217 
IMMIGRATION ACT
To restrict, control and regulate immigration into Malta and to make provision for matters
ancillary thereto.
21st September, 1970
ACT IX of 1970, as amended by Acts: XLIV of 1972, XLIX of 1981, VIII of 1982, XIII of
1983, XXXIII of 1988, XXV of 1989, VIII of 1990, XXIV of 1995, IV and IX of 2000, and XXIII
of 2002.
ARRANGEMENT OF ACT
Articles
Part I  Preliminary  1-3 
Part II  Exempt Persons  4 
Part III Special Provisions 4A
Part IV Prohibited Immigrants  5-25 
Part V General  25A-36 
  2        CAP. 217. h              IMMIGRATION
PART I
PRELIMINARY 
Title. 1. The title of this Act is Immigration Act.
Interpretation. 
Amended by: 
XXV. 1989.2; 
VIII.1990.3;
IX.2000.7;
XXIII. 2002.3.
2. In this Act, unless the context otherwise requires -
"Agreement" means an agreement to which Malta is a party
entered into by a group of states reciprocally granting to citizens of
such states or their dependants the right to enter, remain and reside
in and leave the country of such state, to move freely within such
states for such period as may be established in the agreement and to
work or establish, provide or receive services  therein; and
"Agreement State" and "citizen of an Agreement State" shall be
construed accordingly; and where for the purposes of Part III, a
state is a party to such an Agreement subject to modifications and
adaptations, a citizen of an Agreement State shall be subject to such
modifications or adaptations as may be prescribed;
"Board" means the Immigration Appeals Board constituted by
article 25A;
"Border Agreement" means an agreement to which Malta is a
party entered into by a group of states, providing for common
border controls and the free entry and exit of persons lawfully
within the territory, into and from each of their territories, and
"Border Agreement State" and "citizen of a Border Agreement
State" shall be construed accordingly;
"carrier" means any person whose occupation is to provide
passenger transport by air, sea or land;
"dependant" in relation to another person means - 
( a ) the child or step-child of such person, if the child or
the step-child is under the age of twenty-one years;
( b ) an adopted child under the age of twenty-one years,
having been adopted by such person in a manner
recognised by law;
( c ) a parent or grandparent of such person who proves to
the satisfaction of the Principal Immigration Officer
that he is wholly maintained by the said person;
( d ) any other member of the family as may be prescribed
by the Minister;
"deportation order" means an order made under article 22;
"to embark" includes departure by any form of conveyance;
 "exempt person" means any person to whom Part IV of this Act
does not apply in accordance with article 4 of the same Act;
"implied condition" means a condition referred to in article 11;
Cap. 197.
"keeper" where used in relation to a hotel means a hotel-keeper
as defined in the Hotels and Catering Establishments Act, and,
where used in relation to premises where accommodation is
provided for reward, includes any person who for reward receives
any other person to lodge in the premises either on his own behalf
                                            IMMIGRATION                                   g CAP. 217.               3
or as a manager or otherwise on behalf of any other person;
"to land" means to arrive or to enter by any form of conveyance
and references to landing, unless the context otherwise requires,
include references to attempting to land;
"Malta" means the Island of Malta, the Island of Gozo and the
other islands of the Maltese Archipelago;
"master of a vessel" includes the captain of an aircraft;
"member of a crew" means any person employed in the working
or service of a vessel;
"Minister" means the Minister responsible for immigration; 
"passenger" means any person, other than a member of a crew,
travelling or seeking to travel on board a vessel;
"passport" means a passport referring to the person who is
required to produce the same, furnished with a photograph of such
person, which is valid on the date on which the same person seeks
entry into Malta and is not due to expire before the proposed date
of departure of the same person from Malta, and includes any other
similar document establishing the identity and nationality of the
person to whom it refers to the satisfaction of the Principal
Immigration Officer;
"port" means any place where a person lands in or embarks from
Malta and includes an airport;
"prescribed" means prescribed by regulations made under this
Act;
"Principal Immigration Officer" means the person appointed to
such office by the Prime Minister under article 3, and includes,
within the limits of any authority granted by the Principal
Immigration Officer under article 3(3), any public officer acting
under such authority;
"removal order" means an order issued by the Principal
Immigration Officer or the Immigration Appeals Board in
accordance with article 14, or the Court of Appeal under article
25A as the case may be;
"residence permit" means a permit issued under article 7(1);
"vessel" includes aircraft, but does not include a vessel
belonging to, or in the service of, the military, naval or air force of
any country.
Appointment of 
Principal 
Immigration 
Officer. 
Amended by: 
VIII. 1982.2; 
XXXIII. 1988.2;
IX.2000.7.
3. (1) The Prime Minister shall, by notice in the Gazette,
appoint a public officer to be the Principal Immigration Officer for
the purposes of this Act.
(2) The Principal Immigration Officer shall have such powers
and duties as are conferred or imposed on him by or under this Act
or as may be prescribed for giving effect to this Act:
Provided that in the exercise of his functions under this Act,
the Principal Immigration Officer shall act in accordance with the
general or special directions of the Minister:
  4        CAP. 217. h              IMMIGRATION
Provided further that it shall not be lawful for any person to
enquire in any court whether the Principal Immigration Officer has
actually received, or acted in accordance with, any such directions.
(3) The Principal Immigration Officer may authorise in writing
any public officer to exercise or perform on his behalf any powers
(except the power granted by this sub-article) or duties under this
Act or regulations made thereunder.
(4) Authority under the last preceding sub-article may be
granted either personally to a public officer or impersonally to any
public officer for the time being performing any specific duties in
the public service.
PART II
 EXEMPT PERSONS
Persons to whom 
Part IV of Act does 
not apply. 
Amended by: 
XLIV. 1972.2; 
VIII. 1982.2; 
XXXIII.1988.2: 
XXV. 1989.3;
IV. 2000.17;
IX. 2000.8;
XXIII. 2002.4.
Cap. 188.
4. (1) The provisions of Part IV of this Act shall not apply to
any person -
( a ) who is a citizen of Malta; or
( b ) who, in accordance with article 44(4) of the
Constitution of Malta, is deemed to be a citizen of
Malta by virtue of article 3(1) or of article 5(1) of the
Maltese Citizenship Act; or
Cap. 191.
( c ) who is entitled to immunities and privileges by virtue
or under any provision of the Diplomatic Immunities
and Privileges Act; or
( d ) who is a member of the armed forces of a country
other than Malta which are present in Malta under and
within the scope of arrangements with the government
of Malta; or
( e ) who is in Malta in an advisory or consultative capacity
to the Government on invitation of the same; or
( f ) who is a dependant of any person referred to in the
foregoing paragraphs; or
( g ) who is the spouse of any person referred to in any of
the foregoing paragraphs and is still married to and
living with that person; and
( h ) who is the widow or widower of any person mentioned
in paragraph ( a ) or ( b ) and at the time of his or her
death was still living with that person:
Provided that the spouse or the dependent of a person
referred to under paragraphs ( d )   and   ( e ) shall not in Malta exercise
any profession or occupation or hold any appointment or be
employed by any other person or engage in business without, and
other than in accordance with the conditions of, a licence from the
Minister which the latter may at any time vary or withdraw as he
                                            IMMIGRATION                                   g CAP. 217.               5
may deem fit, and provided further that such dependant shall cease
to be an exempt person if he contravenes this provision or if he
does not comply with any of the conditions contained in such
licence.
(2) The Minister may by order to be notified to any person
referred to in subarticle (1)( g )   and   ( h ) hereof, not being a person to
whom subarticle (1)( a )   to   ( f ) hereof may refer, declare such person
to be no longer an exempt person, if the Minister is satisfied that
the grant of such an exemption to such person is not in the public
interest, and upon the issue of such an order the provisions of Part
III of this Act shall apply to such person. Notwithstanding the
foregoing provisions of this sub-article such Order may also be
notified to, and apply in relation to, any person referred to in
subarticle (1)( f ) being a dependant over the age of eighteen years.
(3) The Minister shall not be required to assign any reason for
the issue of any order referred to in subarticle (2) and the decision
of the Minister on any such order shall not be subject to appeal to
or review in any court.
Added by:
XXIII. 2002.6.
PART III
Special Provisions
Special provisions.
Added by:
XXIII. 2002.6.
4A. (1) Notwithstanding any other provisions of this Act, the
Minister may make regulations to give effect to any Agreement or
Border Agreement to which Malta may be a party and without
prejudice to the generality of the foregoing, may make regulations
in order to:
( a ) grant and regulate the right of any citizens of
Agreement States or their dependants  to enter, remain
and reside in, and leave Malta; 
( b ) grant and regulate the right of persons mentioned in
the preceding paragraph to seek employment  and
work in Malta and to establish services and, or provide
or receive such services in Malta; 
( c ) grant and regulate the rights mentioned in the
preceding paragraphs to any person and his dependants
who, though not being a person mentioned in
paragraph ( a ), is lawfully in the territory of any state
which is bound by a Border Agreement.
(2) Any right granted under this Part shall always be subject to
such limitations as may be reasonably justified on grounds of
public policy, public security and public health.
  6        CAP. 217. h              IMMIGRATION
Substituted by:
XXIII. 2002.5.
PART IV
PROHIBITED IMMIGRANTS
Prohibited 
immigrants.  
Amended by: 
XLIX.1981.4;
XXIII. 2002.7.
5. (1) Any person, other than one having the right of entry, or
of entry and residence, or of movement or transit under the
preceding Parts, may be refused entry, and if he lands or is in Malta
without leave from the Principal Immigration Officer, he shall be a
prohibited immigrant.
(2) Notwithstanding that he has landed or is in Malta with the
leave of the Principal Immigration Officer or that he was granted a
residence permit, a person shall, unless he is exempted under this
Act from any of the following conditions or special rules applicable
to him under the foregoing provisions of this Act, be a prohibited
immigrant also - 
( a ) if he is unable to show that he has the means of
supporting himself and his dependants (if any) or if he
or any of his dependants is likely to become a charge
on the public funds; or
( b ) if he is suffering from mental disorder or is a mental
defective; or
Cap. 36.
( c ) if, having landed in Malta pursuant to or under any
regulation made under articles 44 and/or 50 of the
Prevention of Disease Ordinance, he is still in Malta
after the lapse of the period of fifteen days from the
day on which the Superintendent of Public Health
certifies in writing that the stay of such person in
Malta is no longer required under and for the purpose
of such regulation; or
Cap. 63.     
Cap. 101.
( d ) if he is found guilty by a court of criminal jurisdiction
in Malta of an offence against any of the provisions of
the White Slave Traffic (Suppression) Ordinance or of
the Dangerous Drugs Ordinance or of a crime, other
than involuntary homicide or involuntary bodily harm,
which, in the case of a first crime committed by such
person, is punishable with imprisonment for a term of
not less than one year or, in the case of a second or
subsequent crime committed by such person, is
punishable with imprisonment for a term of not less
than three months; or
( e ) if he contravenes any of the provisions of this Act or
of any regulations made thereunder; or
( f ) if he does not comply or ceases to comply with any of
the conditions, including an implied condition, under
which he was granted leave to land or to land and
remain in Malta or was granted a residence permit; or
( g ) if any circumstance which determined the granting of
leave to land or to land and remain in Malta or the
extension of such leave or the granting of a residence
permit ceases to exist; or
( h ) if such person is a prostitute; or
                                            IMMIGRATION                                   g CAP. 217.               7
( i ) if he is a dependant of a person who is a prohibited
immigrant under any of the provisions of this sub-
article.
Powers of 
Principal 
Immigration 
Officer.
Amended by:
XXIII. 2002.8.
6. (1) Without prejudice to any rights arising from the
preceding Parts, for the purposes of this Act, the Principal
Immigration Officer may -
( a ) grant leave to land or leave to land and remain in
Malta to any member of a crew intending to continue
his journey in the vessel by which he arrives for the
period of the vessel’s stay in port and on condition that
he leaves in the same vessel;
( b ) grant leave to land or leave to land and remain to any
other person arriving in Malta, under such conditions
and for such period as the Principal Immigration
Officer may deem proper to establish;
( c ) grant extensions of the period referred to in the last
preceding paragraph by such further periods as in each
case the Principal Immigration Officer may deem
proper to grant and under such conditions, whether
similar to those previously imposed or not, as he may
deem proper to establish:
Provided that, unless it is otherwise expressly
established, any extension shall be deemed to have
been granted under the same conditions which applied,
and for a period of the same duration as the period
which expired, before such extension was granted.
(2) Unless the Principal Immigration Officer expressly
specifies a longer or shorter period, leave granted under paragraph
(b)  of the last preceding sub-article shall be deemed to have been
granted for twenty-four hours in the case of leave to land and for
three calendar months in the case of leave to land and remain in
Malta.
(3) Notwithstanding the provisions of sub-article (1)( a ), where
the vessel therein referred to is an aircraft, a member of the crew of
such aircraft need not necessarily continue his journey in the
aircraft by which he arrived, subject to his leaving Malta within
three days of his arrival.
(4) The Principal Immigration Officer shall not refuse leave to
land and remain in Malta to any person in respect of whom two
medical practitioners of whom at least one shall be a government
medical officer certify that such person needs immediate medical
or surgical treatment which cannot be deferred without prejudice to
his health:
Provided that such leave shall be deemed to have been
granted until, and to expire on, the seventh day of the date of a
certificate made by a government medical officer to the effect that
there is no longer any necessity that such person should remain in
Malta for the purpose of or in connection with such treatment.
  8        CAP. 217. h              IMMIGRATION
Residence permit. 
Amended by: 
VIII. 1982.2; 
XXXIII. 1988.2;
IX. 2000.7;
XXIII. 2002.9.
7. (1) Without prejudice to the provisions of the preceding
Parts, the Minister may issue, subject to such conditions as he may
deem proper to establish, a residence permit to any person who
makes an application for retirement, settlement or an indefinite stay
in Malta.
(2) Subject to the provisions of this Act, a residence permit
shall confer on the person to whom it is issued the right to land and
to remain permanently or indefinitely in Malta.
(3) Any residence permit issued under this Act may be revoked
by the Minister for the following reasons:
( a ) when the permit was obtained on the basis of fraud, or
omission on the part of the resident at the time of his
application for a residence permit of a material fact
which, had it been known then, would have reasonably
justified the Minister to refuse the application for such
permit;
( b ) when, following the grant of a residence permit, the
said resident, commits, whether in Malta or outside
Malta,  a serious crime which, had it been committed
prior to the granting of such permit, would have
reasonably justified the refusal of such permit by the
Minister. 
(4) Any person aggrieved by such decision shall have a right to
appeal to the Board within ten days from when he is notified of
such revocation.
(5) The Minister may make regulations to implement the
provision of this article, including, without prejudice to the
generality of the foregoing, to regulate any right of appeal to the
Board appertaining to a person aggrieved by a decision of the
Minister, and any application for  residents in Malta to bring to
Malta any of their dependants to reside with them.
Visas.
Substituted by:
XXIII. 2002.10.
8. (1) Without prejudice to the rights of entry and residence
envisaged by the preceding Parts, and to the powers of the Principal
Immigration Officer to issue a visa at the border under this Act and
in regulations made thereunder, the Principal Immigration Officer
shall refuse leave to enter Malta to any person seeking to enter
Malta who, in accordance with the provisions of this Act, must be
in possession of a visa and who is not in possession of such a visa
as is provided for in this article.
(2) The Minister may make regulations in order to -
( a ) list the countries whose nationals will be required to
be in possession of a visa for any stay for such period
of time as may be prescribed, or whose nationals will
be exempted from such requirement;
( b ) regulate all aspects of the issue of visas or other forms
of authorisation and make provision for different types
of visa including visas for single or multiple entry or
re-entry;
( c ) make provision for and regulate the issue of visas at
                                            IMMIGRATION                                   g CAP. 217.               9
the border;
( d ) make provision for and regulate the revocation of
visas;
( e ) regulate the issue and revocation of emergency travel
documents to persons who hold the nationality of such
states as may be prescribed.
Leave to land or to 
remain in Malta to 
be signified by 
permit or 
endorsement on 
passport. 
Amended by:
XXIII. 2002.11.
9. (1) Without prejudice to any regulations made under Part
III of this Act, leave to land or to land and remain in Malta shall be
signified either by a written permit delivered to, or by an
appropriate endorsement on the passport of, the person concerned,
but the conditions attached to such leave may be contained in a
separate document delivered to such person.
(2) The provisions of the last preceding sub-article shall not
apply to leave granted for the purposes of sub-article (1)( a ), or of
article 6(3).
Temporary 
detention. 
10. (1) Where leave to land is refused to any person arriving
in Malta on an aircraft, such person may be placed temporarily on
land and detained in some place approved by the Minister and
notified by notice in the Gazette *  until the departure of such
aircraft is imminent.
(2) Where leave to land is refused to any person arriving in
Malta by any other means, such person at his own request may,
with the leave of the Principal Immigration Officer, be placed
temporarily on shore and detained in some place approved by the
Minister and notified by notice in the Gazette:
Provided that he shall be returned to the vessel by which he
is to leave Malta immediately that he makes a request to that effect
or that the Principal Immigration Officer so directs, whichever is
the earlier.
(3) Any person, while he is detained under sub-article (1) or
(2), shall be deemed to be in legal custody and not to have landed.
Implied conditions. 
Amended by:
VIII.1982.2;
XIII. 1983.5; 
XXXIII. 1988.2;
IX. 2000.7;
XXIII. 2002.12.
11. (1) It shall be an implied condition of any leave granted to
any person under article 6(1)( a ) or, saving the provisions of Part
III, of a residence permit issued to any person under article 7(1)
that such person shall not in Malta exercise any profession or
occupation or hold any appointment or be employed by any other
person or engage in business without a licence from the Minister.
(2) It shall be an implied condition of any leave granted to any
person under article 6(1)( b ) or extended under paragraph ( c ), that
such person shall not in Malta exercise any profession or
occupation or hold any appointment or be employed by any other
person without a licence from the Minister.
(3) The Minister may grant a licence for any of the purposes
mentioned in sub-article (1) or (2) for such period and under such
conditions as he shall think fit and may at any time cancel or vary
the conditions of any such licence.
* See  Legal Notice 193 of 1996.
  10        CAP. 217. h              IMMIGRATION
Furnishing of 
security. 
Amended by: 
VIII. 1982.2: 
XXXIII. 1988.2;
IX.2000.7.
12. (1) The conditions referred to in articles 6 and 7 may
include the furnishing of such security in such form and of such
amount, not exceeding five hundred liri, as the Minister or the
Principal Immigration Officer, as the case may be, may deem
proper to require.
(2) Where the security required and furnished for the purpose
of the preceding sub-article consists in the deposit of a sum, the
sum so deposited may be applied in meeting any charges incurred
by public funds for the maintenance of the person in whose favour
the security stands or of his dependants or incurred otherwise in
connection with him or them while in Malta or for his or their
deportation or repatriation, and the balance, if any, or the whole, if
no part is applied as aforesaid, shall only be refunded upon the
Principal Immigration Officer being satisfied that such balance or
the whole deposit is no longer required for the purpose of ensuring
compliance with the provisions of this Act or of any conditions
imposed thereunder.
(3) Notwithstanding any other law to the contrary, no garnishee
order shall be executed on any amount deposited, wherever this
may be, for the purpose of the above security, or any part thereof,
unless and before such amount or part thereof is due to be refunded
in accordance with the last preceding sub-article.
Declared purpose. 
Amended by:
VIII. 1982.2. 
XXXIII. 1988.2;
IX.2000.7.
13. (1) Nothing in article 11(2) shall prevent the Principal
Immigration Officer from granting or extending leave to any person
under article 6(1)( b )   or   ( c ) subject to the condition that such person
is not to engage in Malta in any activity other than that falling
within the declared purpose.
(2) For the purpose of this article, "declared purpose" means
the purpose which any person requesting leave to land and remain
in Malta declares to the Principal Immigration Officer and is
accepted by the latter to be the purpose of his request:
Provided that the Principal Immigration Officer shall not
accept as a declared purpose any activity for the exercise whereof a
licence of the Minister is required under article 11(2).
Removal order.
Amended by: 
VIII. 1982.2; 
XIII. 1983.5; 
XXXIII. 1988.2; 
VIII. 1990.3;
IX. 2000.7.
Substituted by:
XXIII. 2002.13.
14. (1) If any person is considered by the Principal
Immigration Officer to be liable to removal as a prohibited
immigrant under any of the provisions of article 5,  the said Officer
may issue a removal order against such person who shall have a
right to appeal against such order in accordance with the provisions
of article 25A:
Provided that in relation to any such person as may be
prescribed by regulations made under article 4A and who entered
Malta or is in Malta, a removal order shall only be issued following
an application to that effect by the Principal Immigration Officer to
the Board which shall make such order upon being satisfied that
such person is liable to expulsion under this Act.  The provisions of
article 25A shall  mutatis mutandis  apply to any order issued by the
said Board under this proviso.
(2) Upon such order being made, such person against whom
                                            IMMIGRATION                                   g CAP. 217.               11
such order is made, shall be detained in custody until he is removed
from Malta:
Provided that if the person in respect of whom an expulsion
order has been made is subject to criminal proceedings for a crime
punishable with imprisonment or is serving a sentence of
imprisonment, the Minister may give such directions as to whether
the whole or part of the sentence is to be served before the
expulsion of such person from Malta, and, in default of such
directions, such person shall be removed after completion of the
sentence.
(3) Nothing in this article shall affect the obligation of any
person who does not fulfil or who no longer fulfils the conditions
of entry, residence or free movement to leave Malta voluntarily
without delay.
(4) Removal of a person shall be to that person’s country of
origin or to any other State to which he may be permitted entry, in
particular under the relevant provisions of any applicable re-
admission agreement concluded by Malta and in accordance with
international obligations to which Malta may be party.
(5) Nothing in this article shall preclude or prejudice the
application of Maltese law on the right to asylum and the rights of
refugees and of Malta’s international obligations in this regard.
(6) On an application made by the Principal Immigration
Officer to the Board, the Board, if satisfied that any expenses have
been or will be incurred by the Government in connection with the
maintenance, medical treatment or expulsion of a prohibited
immigrant or his dependants, may issue an executive warrant
against a prohibited immigrant and may also order the forfeiture of
such amount of any moneys in his possession as is to be recovered.
A warrant issued under this sub-article may be enforced in the same
manner as a warrant issued in virtue of an executive title for a civil
debt  by a Court in the exercise of its civil jurisdiction.  The partial
recovery of expenses under this subarticle shall not prejudice the
liability of any surety for the balance, nor shall the issue or
execution of a warrant under this article be a condition precedent to
the liability of a surety.
(7) The Minister may make regulations for the purpose of
implementing the provisions of this article and in particular for
further regulating the manner and procedure for, and the costs of,
expulsion.
Responsibility of 
carriers.
Amended by:
VIII. 1990.3.
Substituted by:
XXIII. 2002.13.
15. (1) A carrier by sea or air shall be obliged to take all
necessary measures to ensure that a person carried by it to Malta is
in possession of the travel documents and any visa or other
authorisation required for entry into, or transit through, Maltese
territory before transporting such person to Malta.
(2) At the request of the Principal Immigration Officer the
carrier shall return a person refused entry on the grounds of not
being in possession of any visa or document mentioned in the
preceding subarticle, either to the State from which he was
transported, or to the State which issued the travel document on
  12        CAP. 217. h              IMMIGRATION
which he travelled, if any, or to any other State to which he is
guaranteed entry.
Cap. 12.
(3) A carrier may not carry from any State to Malta a person
who is not in possession of any travel document,  visa or other
special authorisation where required under this Act, required for his
lawful entry into Malta and in case of such default such carrier
shall be liable to pay to the Principal Immigration Officer such
penalty as may be established by him, not being more than five
thousand liri or such other maximum sum as may be prescribed by
the Minister. Such penalty shall be recoverable by the Principal
Immigration Officer, after the term within which an appeal to the
Board may be entered, has elapsed without an appeal having been
entered, or after the decision of such Board as a civil debt due to
the Government and the provisions of article 466 of the Code of
Organization and Civil Procedure shall, notwithstanding any other
provision to the contrary,  mutatis mutandis  apply to such debt.
Powers of arrest.
Amended by:
XXIII. 2002.14.
16. Any person who acts in contravention of article 5(1), or is
reasonably suspected of having so acted, may be taken into custody
without warrant by the Principal Immigration Officer or by any
Police officer and while he is so kept in custody he shall be deemed
to be in legal custody.
Warrant not a bar 
to removal order. 
Amended by:
XXIV.1995.360.
Cap. 12.
17. Notwithstanding any other law to the contrary, no removal
order shall be obstructed nor shall the implementation of any such
order be delayed by means of any warrant issued under the Code of
Organization and Civil Procedure.
Recovery of 
expenses.
18. Revoked by Act XXIII. 2002.15.
Destination of 
person in respect of 
whom a removal 
order has been 
made. 
Amended by: 
VIII. 1982.2; 
XXXIII. 1988.2;
IX.2000.7.
19. A person against whom a removal order is made or to
whom the next following article applies shall be removed from
Malta - 
( a ) if he is not a member of a crew, to the country of
which he is a national or from which he embarked for
Malta; 
( b ) if he is a member of a crew, to the country of which he
is a national or where he was engaged:
Provided that the Minister may, at the request of such
person, direct that he be removed to another country.
Master or owner of 
vessel to remove 
certain persons. 
Amended by: 
VIII. 1982.2; 
XXXIII. 1988.2;
IX.2000.7.
20. (1) Any person to whom this article applies shall be
removed from Malta by the master of the vessel in which he arrived
or, if directions for the purpose are given by the Minister or by the
Principal Immigration Officer, by the owner or agents of that
vessel.
(2) It shall be lawful (notwithstanding any intervening
prosecution) for the Principal Immigration Officer or any Police
officer to place any person to whom this article applies on board
the vessel in which he arrived in Malta or on board any vessel
belonging to the same owners for removal from Malta.
(3) This article shall apply to -
                                            IMMIGRATION                                   g CAP. 217.               13
( a ) any person to whom leave to land has been refused; 
( b ) any person who, not having been granted leave to land,
is found on shore in Malta;
( c ) any member of a crew who, having been granted leave
to land or leave to land and remain in Malta under
article 6(1)( a ), is reasonably suspected of having acted
or of being about to act in contravention of this Act:
Provided that this article shall not apply, in so far as it
imposes an obligation on the master, owner or agents of the vessel
in which a person arrived in Malta, if a period exceeding six
months has elapsed since the date of the last landing of such person
in Malta from that vessel.
Master of vessel to 
detain on board 
certain persons.
21. The master of any vessel shall detain on board any person
arriving in that vessel, whether member of a crew or passenger, to
whom leave to land has been refused by the Principal Immigration
Officer, while such vessel is in the territorial waters of Malta, and a
person so detained shall be deemed to be in legal custody.
Deportation orders.
Amended by: 
VIII. 1982.2. 
XXXIII. 1988.2; 
XXIV.1995.360;
IX. 2000.7;
XXIII. 2002.16.
22. (1) Without prejudice to special provisions which may be
made under Part III of this Act, the Minister may, if he deems it to
be conducive to the public good, make a deportation order against
any person.
(2) A deportation order may be made subject to any condition
which the Minister may deem proper. 
Cap. 12.
(3) Notwithstanding any other law to the contrary, no
deportation order shall be obstructed, nor shall the implementation
of such order be delayed, by means of any warrant issued under the
Code of Organization and Civil Procedure.
(4) A person with respect to whom a deportation order is made
shall leave Malta in accordance with the order and shall thereafter
so long as the order is in force remain out of Malta.
(5) A person with respect to whom a deportation order is made
may be detained in such manner as may be directed by the Minister
until he leaves Malta and may be placed on board a vessel about to
leave Malta, and shall be deemed to be in legal custody whilst so
detained and until the vessel finally leaves Malta.
(6) The master of a vessel with adequate passenger facilities
about to call at any port outside Malta shall, if so required by the
Minister or by the Principal Immigration Officer, receive a person
against whom a deportation order has been made and his
dependants, if any, on board the vessel, and afford them against
payment a passage to that port and proper accommodation and
maintenance during the passage.
(7) The Minister may, if he thinks fit, apply any money or
property of a person against whom a deportation order has been
made in payment of the whole or any part of the expenses of or
incidental to the voyage from Malta and of the maintenance until
departure of that person and his dependants (if any).
  14        CAP. 217. h              IMMIGRATION
Punishment for 
infringement of 
conditions. 
Amended by: 
XIII. 1983.5; 
VIII. 1990.3.
23. Revoked by Act XXIII. 2002.17.
Person who has 
been removed or 
deported from 
Malta to declare 
such circumstance. 
Amended by: 
XIII. 1983.5; 
VIII. 1990.3;
XXIII. 2002.18.
24. If any person who has left Malta under a removal order or a
deportation order at any time seeks leave to land or leave to land
and remain in Malta or if he seeks to obtain a residence permit, he
shall expressly declare in writing to the Principal Immigration
Officer such circumstance and, if he fails to do so, any such leave
or any residence permit granted to him shall be null and void and he
shall, moreover, by reason only of such omission and without
prejudice to the issue of a removal order or a deportation order
under this Act, be guilty of an offence and liable, on conviction by
the Court of Magistrates, to a fine ( multa ) not exceeding five
hundred liri or to imprisonment for a term not exceeding six
months or to both such fine and imprisonment.
Transitory 
provisions. 
Amended by: 
XLIV.1972.3; 
VIII.1982.2; 
XXXIII. 1988.2;
IX.2000.7.
25. (1) Any leave granted or extended under the Immigration
(British Subjects) Ordinance, 1948, or the Aliens Ordinance,
1949 * , for the purpose of allowing any person to land or to land and
remain in Malta, shall be deemed to have been granted or extended
for the unexpired portion of its duration under the provisions of this
Act and this Act shall apply to such leave accordingly:
Provided that the conditions attached to such leave, unless
modified by the Principal Immigration Officer, shall continue to
apply.
(2) Any permit of work or employment granted or extended
under one of the laws mentioned in sub-article (1), shall be deemed
to have been granted or extended for the unexpired portion of its
duration under article 11(3) and this Act shall apply accordingly:
Provided that the conditions attached to such permit, unless
modified by the Minister shall continue to apply.
(3) Any person who has been granted under article 36 of The
Immigration (British Subjects) Ordinance, 1948,* an exemption
which has conferred on him the right to establish his permanent
residence or residence for an indefinite period in Malta or who has
been granted any corresponding right under any other provision of
one of the laws mentioned in sub-article (1), shall be deemed to
have been granted a residence permit and this Act shall apply
accordingly:
Provided that the conditions attached to the granting of any
such exemption or corresponding right, unless modified by the
Principal Immigration Officer, shall continue to apply in addition
to the implied condition referred to in article 11(1).
(4) Any person, who has been ordinarily resident in Malta
continuously for a period of at least fifteen years immediately
before the coming into force of this Act and who is not a person
falling under sub-article (1) or (3), shall be deemed to have been
*Repealed by article 37 of this Act as originally enacted and which is being omitted
under the Statute Law Revision Act, 1980.
                                            IMMIGRATION                                   g CAP. 217.               15
granted leave to land and remain in Malta under article 6(1)( b ) for
the period of one year from the coming into force of this Act and,
save as provided in the next following sub-article, all the
provisions of this Act shall apply accordingly.
(5) Without prejudice to the imposition of any conditions under
article 11(3), sub-article (2) of the same article shall not apply,
saving the provisions of any other law, to any person referred to in
the last preceding sub-article during the said period of one year
from the coming into force of this Act.
PART IV
 GENERAL
Immigration 
Appeals Board.
Added by:
XXIII. 2002.19.
25A. (1) ( a ) There shall be a board, to be known as the
Immigration Appeals Board, hereinafter referred to as the Board
consisting of a lawyer who shall preside, a person versed in
immigration matters and another person, each of whom shall be
appointed by the President acting on the advice of the Minister:
Provided that the Minister may by regulations prescribe
that the Board shall consist of more than one division each
composed of a Chairman and two other members as aforesaid.
( b ) The Minister may make regulations to regulate the
distribution by types of appeals or applications amongst the
divisions of the Board.
Cap. 12.
(2) A member of the board shall be disqualified from hearing
an appeal in such circumstances as would disqualify a judge in
terms of Sub-Title II of Title II of Book Third of the Code of
Organization and Civil Procedure; and in any such case either the
member shall be substituted by another person appointed for the
purpose by the President acting on the advice of the Minister, or the
appeal, when there is more than one division of the Board in office,
may be referred by order of the Board from one division of the
Board to another.
(3) The members of the Board shall hold office for a period of
three years, and shall be eligible for re-appointment.
(4) A member of the Board may be removed from office by the
President acting on the advice of the Prime Minister, on grounds of
gross negligence, conflict of interest, incompetence, or acts or
omissions unbecoming a member of the Board.
(5) Any person aggrieved by any decision of the competent
authority under any regulations made under Part III, or in virtue of
article 7, article 14 or article 15 may enter an appeal against such
decision and the Board shall have jurisdiction to hear and
determine such appeals. 
  16        CAP. 217. h              IMMIGRATION
Cap. 9.
(6) During the course of any proceedings before it, the Board,
may, even on a verbal request, grant provisional release  to any
person who is arrested or detained and is a party to proceedings
before it, under such terms and conditions as it may deem fit, and
the provisions of Title IV of Part II of Book Second of the Criminal
Code shall,  mutatis mutandis  apply to such request.
(7) Any appeal has to be filed in the Registry of the Board
within three working days from the decision subject to appeal.
Cap. 12.
(8) The decisions of the Board shall be final except with
respect to points of law decided by the Board regarding decisions
affecting persons as are mentioned in Part III, from which an
appeal shall lie within ten days to the Court of Appeal (Inferior
Jurisdiction). The Rule Making Board established under article 29
of the Code of Organization and Civil Procedure may make rules
governing any such appeal.
Delegation of 
powers by Prime 
Minister and the 
Minister.
Amended by: 
VIII. 1982.2; 
XXXIII.1988.2;3;
IX.2000.7.
26. (1) The Prime Minister and the Minister may each
authorise in writing a public officer not below the rank of a Head of
Department to exercise on his behalf all or any and the powers
conferred on him as Prime Minister or Minister, as the case may be,
by this Act, excluding in respect of the Prime Minister the powers
conferred by article 3(1) and in respect of the Minister responsible
for the interior, the powers conferred by the proviso to article 14(2)
and article 36:
Provided that the Prime Minister and the Minister may
each, as the case may be, authorise under this sub-article different
persons for different purposes.
(2) Any such authorisation and any repeal thereof shall be
published by notice in the Gazette and shall have effect from the
date of such publication unless a later date is indicated in the same
notice.
Power of Principal 
Immigration 
Officer to board 
vessel.
27. The Principal Immigration Officer shall have power to
enter or board any vessel and to detain and examine any person
arriving at or leaving any port of Malta whom he reasonably
supposes not to be an exempt person and to require the production
of any prescribed documents by such person, and shall have such
other powers and duties as are conferred upon him by or under this
Act or as may be prescribed for giving effect to this Act.
Production of 
passport and giving 
of information.
28. Every person landing or embarking in Malta shall be in
possession of a passport and shall furnish to the Principal
Immigration Officer the prescribed information and such other
information as the Principal Immigration Officer may deem proper
to require.
Master to furnish 
returns.
29. (1) The master of any vessel landing or embarking at any
port in Malta passengers coming from or bound for a destination
outside Malta shall furnish, to such person and in such manner as
may be prescribed, a return giving the prescribed particulars with
respect to any passengers and every passenger shall furnish to the
master of the vessel any information required by him for the
purpose of the return. The same return shall be furnished at the
                                            IMMIGRATION                                   g CAP. 217.               17
request of such person by the master of any other vessel arriving at
any port in Malta from a port outside Malta.
(2) The master of any vessel arriving at any port in Malta from
a port outside Malta shall furnish, to such person and in such
manner as may be prescribed, a return giving the prescribed
particulars with respect to any members of the crew.
(3) The particulars prescribed for the purpose of sub-article (1)
or (2) in relation to the passengers or members of the crew of an
aircraft may be different from those prescribed in relation to any
other passengers or members of a crew.
Persons in Malta 
under Prevention 
of Disease 
Ordinance. 
Cap. 36.
30. Any person, not being an exempt person, who lands in
Malta pursuant to or under any regulation made under articles 44
and/or 50 of the Prevention of Disease Ordinance shall be deemed
to have landed and to be in Malta with the leave of the Principal
Immigration Officer for the purpose of the regulation in pursuance
whereof or under which he has so landed and such purpose shall be
deemed to be the declared purpose referred to in article 13.
Particulars to be 
furnished by hotel-
keepers and others. 
Amended by: 
VIII. 1982.2; 
XIII.1983.5; 
XXXIII.1988.2; 
VIII. 1990.3;
IX. 2000.7;
XXIII. 2002.20.
31. (1) It shall be the duty of the keeper of any premises to
which this article applies to keep a register of all persons staying at
the premises who are not exempt persons.
(2) The keeper of any premises to which this article applies
shall, on the arrival of any person who is not an exempt person,
ascertain and enter or cause to be entered in the register kept for the
purpose the name and nationality of such person, together with the
date of his arrival and the address from which he last came; and on
departure of any such person the keeper of the premises shall enter
or cause to be entered in the register the date of departure and the
destination on departure of that person.
(3) The keeper of any premises to which this article applies
shall also, if directions for the purpose are issued by the Minister,
make to the Principal Immigration Officer such returns concerning
the persons staying at the premises, at such times or intervals and in
such form, as may be specified in such directions.
(4) It shall be the duty - 
( a ) of every person above the age of fourteen years
staying at any premises to which this article applies to
sign, when so required, a statement as to his
nationality, and, if not an exempt person, to furnish
and sign a statement of the particulars required under
this article;
( b ) of the keeper of any premises to which this article
applies to require any person above the age of fourteen
years who stays at the premises to sign the statement
and furnish the particulars required from him under
this article and to preserve such statements (including
any statements supplied under this article to any
previous keeper of the premises) for a period of two
years from the date when the statements were signed.
(5) Every register kept, and all particulars furnished, under this
  18        CAP. 217. h              IMMIGRATION
article, shall at all reasonable hours be open for inspection by any
Police officer or by the Principal Immigration Officer.
(6) The Minister may prescribe the form in which a register is
to be kept or statements furnished under this article.
(7) Any person who fails to comply with any of the provisions
of this article shall be guilty of an offence and shall be liable, on
conviction, to a fine ( multa ) of not less than five hundred liri but
not exceeding two thousand liri or to imprisonment for a term not
exceeding one year, or to both such fine and imprisonment.
(8) This article applies to any premises, whether furnished or
unfurnished, where lodging or sleeping accommodation is provided
for reward.
Other offences. 
Amended by: 
XIII. 1983.5; 
VIII. 1990.3;
XXIII. 2002.21.
32. (1) Any person who -
( a ) aids or assists any person to land or attempt to land in
Malta, or to reside in Malta, contrary to the provisions
of this Act, or any person to land or attempt to land, or
to reside in, or to leave any other State contrary to the
law on entry, residence and exit of that State, or
conceals or harbours any person whom he knows, or
has reasonable ground for believing, to be in Malta
contrary to the provisions of this Act; or
( b ) takes in his employment, or gives work to, any person
who is not an exempt person and is not in possession
of a licence granted to him for the purpose of such
employment or work under the provisions of this Act,
or otherwise aids or assists any person who is not an
exempt person in the commission of an offence
contemplated in article 23; or
( c ) in relation to any information to be given under or for
purposes of this Act, makes or causes to be made any
false return, false statement or false representation; or
( d ) forges any document or true copy of a document or an
entry made in pursuance of this Act; or
( e ) obstructs or impedes any person in the lawful exercise
of his powers or duties under this Act; or
( f ) without lawful authority uses or has in his possession
any document required for the purposes of this Act
which is forged; or
( g ) contravenes any provision of this Act in respect of
which an offence is not established under any other
article of this Act,
shall be guilty of an offence and shall be liable, on conviction by
the Court of Magistrates, to a fine ( multa ) not exceeding five
thousand liri or to imprisonment for a term not exceeding two years
or to both such fine and imprisonment, unless a greater punishment
is established for such offence by another law.
(2) The provisions of the last preceding sub-article shall not
apply to a person who conceals or harbours a person who is that
                                            IMMIGRATION                                   g CAP. 217.               19
person’s descendant, ascendant, spouse, brother or sister, for a
period not in excess of seven days.
(3) Where the competent authority in Malta is requested by
another State to prosecute for an offence under subarticle (1)( a ),
the competent authority shall first request the competent authority
of the Sate making the request for prosecution to specify, by means
of an official denunciation or a certificate, the provisions of law
which the latter State considers to have been infringed.
Evidence and 
burden of proof.
33. In any proceedings under this Act -
( a ) the burden of proof that a person is an exempt person
or that a person is not a prohibited immigrant under the
provision of article 5(2)( a ) shall be upon that person;
( b ) a document purporting to be a removal order or a
deportation order shall be presumed, until the contrary
is proved, to be the document which it purports to be;
( c ) any order made under this Act shall be presumed, until
the contrary is proved, to have been validly made and
to have been made on the date on which it purports to
have been made.
Place of detention.
under article 10 or 22, but not serving a sentence of imprisonment,
may be detained either in prison or in any place appointed for the
purpose by the Minister by notice in the Gazette * , but if detained in
prison he shall be treated as a person awaiting trial.
(2) The Minister may make regulations for the management,
control and discipline of any place appointed by him under sub-
article (1) for the detention of persons, for the diet of the persons
detained therein, and for the punishment of persons detained
therein for any offence committed by them against such
regulations:
Cap. 9.
Provided that such punishment may not exceed the
punishment established in the Criminal Code for contraventions.
Prohibition of 
entry to persons 
without 
accommodation in 
Malta. 
Amended by: 
VIII. 1982.2; 
XXXIII. 1988.2;
IX. 2000.7;
XXIII. 2002.22.
35. (1) Notwithstanding anything in this Act or in any other
law contained, but subject to any provisions made under Part III of
this Act, the Minister may also prohibit the entry into Malta of any
person who, in the opinion of the Minister, is not provided with
suitable accommodation in the island.
(2) The last preceding sub-article shall not apply - 
( a ) to any person who is a citizen of Malta by virtue of
article 22(1) or of article 25(1) of the Constitution of
Malta or who is deemed to be such a citizen under
article 44(4) of the said Constitution; and
( b ) to any other citizen of Malta who -
(i) has emigrated from Malta;
(ii) was resident in Malta and has during the two
* See  Legal Notices 20 of 1994 and 193 of 1996.
  20        CAP. 217. h              IMMIGRATION
years immediately before emigrating been so
resident for a continuous period of one year or
for periods amounting in the aggregate to one
year; and
(iii) returns to Malta within two years after his
departure therefrom.
Regulations.  
Amended by: 
VIII. 1982.2; 
XXXIII.1988.2;
IX. 2000.7.
Substituted by:
XXIII. 2002.23.
36. (1) Without prejudice to any provision of this Act vesting
the power to make regulations in the Minister, the Minister may
make regulations for prescribing anything which is by this Act to
be prescribed and generally for carrying the purposes or provisions
of this Act into effect.
(2) In particular, the Minister may make regulations to
regulate:
( a ) any border checks which may be ordered, their scope,
nature and frequency, the classification of different
borders, the designation of official points of entry in,
and exit from, Malta, and the hours when such entry or
exit may take place;
( b ) the position of the holders of diplomatic, service and
other official passports as well as of other categories
of persons in all matters which are the subject of this
Act.
