Immigration Act (Cap. 217)
Immigration Act (Cap. 217), article 5
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.
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.