Immigration Act (Cap. 217)
Immigration Act (Cap. 217), article 2
2. In this Act, unless the co ntext otherwise requires -
"Board" means the Immigration Appeals Board constituted by
article 25A;
"Border Agreement" means an a greement to which Malta is a
party or any rule in or under the Treaty providing for common
border controls and free entry and exit of persons lawfully with the
territory, into and from each of the territories of the Member States
or States parties to the agreem ent, and Border Agreement State and
citizen of a Border Agreement Stat e shall be construed as such;
"carrier" means any person whose occupation is to provide
passenger transport by air, sea or land;
"citizen of a Member State" mean s a citizen of a state party to the
Treaty;
"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 th e 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 departur e by any form of conveyance;
Cap. 460. "European Union" has the meaning assigned to it in the European
Union Act ;
"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 Cat ering Establishments Act, and,
where used in relation to pr emises where accommodation is
provided for reward, includes any person who for reward receive s
any other person to lodge in the premises either on his own beh alf
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 require s,
include references t o attempting to land;
"Malta" means the Island of Malta, the Island of Gozo and the
IMMIGRATION [ CAP. 217. 3
other islands of the Maltese Archipelago;
"master of a vessel" include s 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 r esponsible for immigration;
"passenger" means any person, other than a member of a crew,
travelling or seeking to t ravel on board a vessel;
"passport" means a passport referring to the person who is
required to produce the same, furnished with a photograph of su ch
person, which is valid on the da te on which the same person see ks
entry into Malta and is not due to expire before the proposed d ate
of departure of the same pers on from Malta, and includes any ot her
similar document establishing the identity and nationality of t he
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 Minist er under article 3, and includes ,
within the limits of any authority granted by the Principal
Immigration Officer under article 3(3), any public officer acti ng
under such authority;
S.L. 460.17
"removal order" means an order e nforcing the return decision or
an order made in relation to the restriction of the free moveme nt of
a Union citizen and his family members as provided for in the F ree
Movement of European Union Nationals and their Family Members
Order;;
"residence permit" means a perm it issued under article 7(1);
"return decision" means a deci sion issued by the Principal
Immigration Officer, stating or d eclaring the stay of a third c ountry
national to be illegal and imposing or stating an obligation to
return;
"Schengen acquis " means the Agre ement between the
Governments of the States of the Benelux Economic Union, the
Federal Republic of Germany and the French Republic on the
gradual abolition of checks at their common borders of the 14 June
1985 and the Convention of 19 June 1990 implementing the
Schengen Agreement of 14 June 1985 between the Governments of
the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of
checks at their common borders, and includes all other acts
building upon it or otherwise related to it, as well as related
agreements;
"third-country national" means any person who is not a national
of the European Union within the meaning of Article 20(1) of th e
Treaty on the Functioning of the European Union and who is not a
4 CAP. 217.] IMMIGRATION
person enjoying the Community rig ht of free movement, as define d
in Article 2(5) of Regulation (EC) No 562/2006 establishing a
Community Code on the rules governing the movement of persons
across borders (Schengen Borders Code);
Cap. 460. "the Treaty" has the same meaning assi gned to it in the European
Union Act ;
"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.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.