Immigration Act (Cap. 217), article 25A

25A. (1) (a) There shall be a board, to be known as the Immigration Appeals Bo ard, hereinafter referred to as the Board consisting of a lawyer who shal l preside, a person versed in immigration matters and another person, each of whom shall be appointed by the Pres ident acting on the advice of the Minister : Provided that the Minister m ay 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. (c) The Board shall have jurisdiction to hear and determine appeals or applications in virtue of the provisions of this Act or regulations made thereunder or in virtue of any other law. 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 of fice, 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 eli gible 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 ground s of gross negligence, conflict of in terest, incompetence, or acts o r 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 virt ue 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. IMMIGRATION [ CAP. 217. 19 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 proceeding s 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: Provided that the period applicable for the filing of an appeal from the refusal, annulment or re vocation of a visa shall be of fifteen days. Cap. 12. (8) The decisions of the Board shall be final except with respect to points of law decided by the Board regarding decisio ns 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. Cap. 420. (9) The Board shall also have jurisdiction to hear and determine applications made by p ersons in custody in virtue onl y of a deportation order or return decision and removal order to be released from custody pending the determination of any application under the International Protection Act or otherwise pending their deportation in accordance with the following subarticles of thi s article. Cap. 420. (10) The Board shall grant re lease from cus tody where the detention of a person is, taking into account all the circumsta nces of the case, not required or no longer required for the reasons set out in this Act or subsidiary legislation under this Act or und er the International Protection Act , or where, in the case of a person detained with a view to being re turned, there is no reasonable prospect of return within a reasonable time-frame. (11) The Board shall not grant such release in the following cases: Cap. 420. (a) when elements on which an y claim by applicant under the International Protection Act is based, have to be determined, where the determination thereof cannot be achieved in the absence of detention; (b) where the release of the applicant could pose a threat to public security or public order. Cap. 420. ( 1 2 ) A p e r s o n w h o h a s b e e n r e leased under the provisions of subarticles (9) to (11) may, where the Principal Immigration Officer is satisfied that there ex ists a reasonable prospect of deportation or that such person is not co-operating with the Principal Immigration Officer with respect to his repatriation to his country of origin or to another country which has accepted to receive him, and no proceedings under the International Protection Act are pending, be again taken into custody pending his removal from Malta. (13) It shall be a condition of any release under subarticles (9 ) to 20 CAP. 217.] IMMIGRATION (12) that the person so released shall periodically (and in no case less often than once every week) report to the immigration authorities at such intervals as the Board m ay determine. Delegation of powers by Prime Minister and the Minister. Amended by: VIII. 1982.2; XXXIII. 1988.2;3; IX. 2000.7; XIII. 2005.23.