S.L. 217.22 · Conditions Of Entry And Residence Of (S.L. 217.22)
S.L. 217.22 Art. 17Grounds for rejection. 17 Cap. 386.
PART IV
(1) The Chief Executive Officer shall reject an application where:
(a) the general conditions laid down in regulation 7 or the relevant specific conditions laid down in regulations 8, 11, 12 or 13 are not met;
(b) the documents presented have been fraudulently acquired, or falsified, or tampered with; RESEARCH, STUDIES, TRAINING AND VOLUNTARY SERVICE IN THE MOBILITY PROJECT FOR YOUNG
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(c) the host entity is not approved;
(d) the Chief Executive Officer has evidence or serious and objective grounds to establish that the third-country national would reside for purposes other than those for which he applied to be admitted.
(2) An application may be rejected where:
(a) the host entity or another body as referred in regulation 13(a), has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;
(b) where applicable, the terms of employment as provided for in the law or collective agreements or practices in Malta are not met by the host entity that will employ the third-country national;
(c) the host entity or another body as referred to in regulation 13(a), has been sanctioned in accordance with the law for undeclared work or illegal employment;
(d) the host entity was established or operates for the main purpose of facilitating the entry of third-country nationals falling under the scope of these regulations;
(e) the host entity’s business is being or has been wound up in accordance with the provisions of the Companies Act or if no economic activity is taking place.
(3) Where a third-country national applies to be admitted to enter into an employment relationship in Malta, the authorities responsible for employment may verify whether the post in question could be filled by Maltese nationals or by other Union citizens, or by third-country nationals lawfully residing in Malta, in which case, the Chief Executive Officer may reject the application. This provision shall apply without prejudice to the principle of preference of Union citizens as expressed in the relevant provisions of the Treaty of Accession.
(4) Without prejudice to sub-regulation (1), any decision to reject an application shall take account of the specific circumstances of the case and the principle of proportionality.