S.L. 217.22 Art. 18Grounds for withdrawal or non- renewal of an authorisation. 18 [S.L. Cap. 386. 19

(1) The Chief Executive Officer shall withdraw or, where applicable, refuse to renew an authorisation where:

(a) the third-country national no longer meets the COUNTRY NATIONALS FOR THE PURPOSES OF RESEARCH, STUDIES, TRAINING AND VOLUNTARY SERVICE IN THE MOBILITY PROJECT FOR YOUNG 217.22 PEOPLE: VOLUNTARY PROJECTS

general conditions laid down in regulation 7, except for regulation 7(6), or the relevant specific conditions laid down in regulations 8, 11, 12 or 13, or the conditions laid down in regulation 16;

(b) the authorisation or the documents presented have been fraudulently acquired, or falsified, or tampered with;

(c) the host entity is not approved;

(d) the third-country national is residing for purposes other than those for which he was authorised to reside.

(2) The Chief Executive Officer may withdraw or refuse to renew an authorisation where:

(a) the host entity or another body as referred to 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 national law or collective agreements or practices in Malta are not met by the host entity employing the third-country national;

(c) the host entity or another body as referred to in regulation 13(a), has been sanctioned in accordance with national law on 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) where applicable, the host entity’s business is being or has been wound up in accordance with the provisions of the Companies Act or no economic activity is taking place;

(f) with regard to students, the time limits imposed on access to economic activities under regulation 21 are not respected or a student does not make sufficient progress in the relevant studies.

(3) With regard to withdrawal of authorisation, when assessing the lack of progress in the relevant studies, as referred to in sub-regulation (2)(f), the Chief Executive Officer shall consult with the host entity. RESEARCH, STUDIES, TRAINING AND VOLUNTARY SERVICE IN THE MOBILITY PROJECT FOR YOUNG

PEOPLE: VOLUNTARY PROJECTS

(4) The Chief Executive Officer shall withdraw or refuse to renew an authorisation for reasons of public policy, public security or public health.

(5) Where a third-country national applies for renewal of the authorisation to enter into or continue to be in an employment relationship in Malta, with the exception of a researcher who continues the employment relationship with the same host entity, the Chief Executive Officer may verify with the authorities responsible for employment whether the post in question could be filled by Maltese nationals or by other Union citizens, or by third-country nationals who are long-term residents in Malta, in which case he may refuse to renew the authorisation. This provision shall apply without prejudice to the principle of preference for Union citizens as provided in the relevant provisions of the Treaty of Accession.

(6) Where the Chief Executive Officer intends to withdraw or refuse to renew the authorisation of a student in accordance with sub-regulation (2)(a), (c), (d) or (e), the student shall be allowed to submit an application to be hosted by a different higher education institution for an equivalent course of study with a view to enabling the completion of studies.

(7) The student referred to in sub-regulation (6) shall be allowed to stay in of Malta until the Chief Executive Officer has taken a decision on the application.

(8) Without prejudice to sub-regulation (1), any decision to withdraw or refuse to renew an authorisation shall take account of the specific circumstances of the case and respect the principle of proportionality.