Immigration Act (Cap. 217)

Immigration Act (Cap. 217), article 5

Official PDF on legislation.mt

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 Immigrati on Officer or that he was grant ed a residence permit, a person shall, unless he is exempted under t his Act from any of the following conditions or special rules appli cable to him under the foregoing provisions of this Act, be a prohibi ted 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 suf fering 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 o r o f a c r i m e , o t h e r 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 IMMIGRATION [ CAP. 217. 7 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 m ade 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 a nd 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 (i) if he is a dependant of a person who is a prohibited immigrant under any of the provisions of this sub- article. Appointment of an interim legal guardian. Added by: XV .2022.2.

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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.