Cap. 217 Art. 14Removal order.

(1) If any person is considered by the Principal Immigration Officer to be liable to return as a prohibited immigrant under any of the provisions of article 5, the said Officer may issue a return decision against such person who shall have a right to appeal against such decision in accordance with the provisions of article

25A.

(2) If such a return decision is accompanied by a removal order, such person against whom such order is made, may be detained in custody until he is removed from Malta:

Provided that if the person in respect of whom a return decision and a removal 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 return of such person from Malta, and in default of such directions, such person shall be removed after completion of the sentence, without prejudice to the provisions of any other law.

(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: Provided that, following the issue of a removal order by the Principal Immigration Officer in accordance with the provisions of this article, to any person considered as a prohibited immigrant under any of the provisions of article 5, if such person files an application for asylum in terms of the International Protection Act, all the effects of the removal order shall be suspended pending the final determination of the asylum application. Following the final rejection of the asylum application, the removal order along with its effects shall again come into force: Provided that, notwithstanding that the effects of the removal order are suspended pending the final determination of the asylum application, the detention of such person shall continue until a final decision on detention is reached in terms of the regulations issued under the International Protection Act: Provided further that, whenever a prohibited immigrant has filled an application for asylum, the Principal Immigration Officer shall not be required to issue a return decision or a removal order.

(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 return 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, return.

(8) The Principal Immigration Officer shall not execute any return decision or removal order if appeals proceedings before the Immigration Appeals Board are pending.

(9) (a) The Principal Immigration Officer shall issue a removal order and execute such order in respect of a Union citizen and his family members, when such person is being removed from Malta in accordance with the relative provisions of the Free Movement of European Union Nationals and their Family Members Order.

(b) Such person shall be detained in accordance with the provisions of such Order, if he would not have left Malta within the time limit specified by such Order and if an appeal has not been made in accordance with the provisions of this Act and the said Order.