Cap. 217 Art. 23Mutualrecognition of expulsion orders.

(1) The Principal Immigration Officer shall recognise a decision of expulsion issued by another Member State in line with the provisions of Directive 2001/40/EC of the 28th May 2001 on the Mutual Recognition of Decisions on the Expulsion of Third

Country Nationals and take the necessary measures to enforce such decision.

(2) The provisions of this article shall apply to decisions of expulsion, which have not been rescinded by the issuing Member State, in relation to:

(a) a third country national, whose expulsion is based on a serious and present threat to public order or to national security and safety, taken in the following cases:

(i) a conviction in the issuing Member State for an offence punishable by a penalty involving deprivation of liberty of at least one year;

(ii) the existence of serious grounds for believing that the third country national has committed serious criminal offences or the existence of solid evidence of his intention to commit such offences within the territory of a Member State;

(b) a third country national who is the subject of an expulsion decision based on failure to comply with national rules on the entry or residence of aliens.

(3) The provision of this article shall not apply to family members of persons who have exercised their right of free movement in accordance with the provisions of European Union and Maltese legislation.

(4) A third country national in whose regard a decision of expulsion has been issued as provided in sub-article (2) may be taken into custody without warrant by the Principal Immigration Officer or by any Police officer and while he is so kept in custody he shall be deemed to be in legal custody.

(5) No expulsion decision issued by the Principal Immigration Officer or by the competent administrative authority of a Member State shall be obstructed by means of any warrant issued under the Code of Organization and Civil Procedure.

(6) The provisions of articles 14 and 25A shall apply to expulsion orders and the enforcement of expulsion orders taken against third country nationals.