S.L. 217.27 Art. 6Grounds for rejecting an application for an EU Blue Card. 8 [S.L.    S.L. 217.14.

(1) An application for an EU Blue Card shall be rejected for justified reasons:

(a) where the criteria mentioned in regulation 4 have not been complied with;

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

(c) where the third-country national concerned is considered to pose a threat to public policy, public security or public health;

(d) where the employer’s business was established or operates for the main purpose of facilitating the entry of third-country nationals;

(e) where the competent authority, after evaluating the labour market situation, in the case where there is a high level of unemployment, concludes that the vacancy concerned may be filled from the national or European Union workforce, or by third-country nationals who are lawfully resident in Malta and already form part of its labour market in accordance with European Union or Maltese law, or by European Union long-term residents who wish to move to Malta for highly qualified employment;

(f) where the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions; THIRD-COUNTRY NATIONALS FOR THE PURPOSE OF 217.27 HIGHLY QUALIFIED EMPLOYMENT

(g) where the employer’s business is being, or has been, wound up under national insolvency laws or carries out no economic activity;

(h) where the employer has been sanctioned for the employment of illegally staying third-country nationals in accordance with regulation 7 of the Minimum Standards on

Sanctions and Measures against Employers of Illegally Staying Third-Country Nationals Regulations, or where the employment has been pursued in breach of applicable employment legislation including these regulations, or where the employment is undeclared to the competent authorities; or

(i) to ensure ethical recruitment in professions suffering from a lack of qualified workers in the countries of origin, including on the basis of an agreement listing professions for that purpose between the European Union and the Member States on the one hand, and one (1) or more third countries on the other, or between the Member States on the one hand, and one (1) or more third countries on the other.

(2) Without prejudice to sub-regulation (1), any decision to reject an application shall take account of the specific circumstances of the case and shall respect the principle of proportionality.