S.L. 217.5 Art. 12Protection against expulsion.

(1) A third country national who has acquired long-term resident status in Malta may be expelled from Malta through a removal order issued by the Principal Immigration Officer when he constitutes an actual and sufficiently serious threat to the public policy or public security of Malta with due regard to the following factors:

(a) the duration of residence in Malta;

(b) the age of the person concerned;

(c) the consequences for the person concerned and family members;

(d) links with Malta as his country of residence or the absence of links with his country of origin.

(2) The expulsion referred to in subregulation (1) shall not take place for economic considerations.

(3) Where it has been decided that a long-term resident whose long-term resident’s EU residence permit contains the remark referred to in the proviso to regulation 8(3) is to be removed from Malta, the Director shall request the Member State mentioned in the said remark to confirm whether the long-term resident is still a beneficiary of international protection.

(4) If the said Member State confirms that the long- term resident is still a beneficiary of international protection, the long-term resident shall be removed to that Member State:

Provided that where that person concerned fulfils the conditions specified in article 14(2) of the International Protection

Act, the Principal Immigration Officer shall retain the right to remove him in accordance with Malta’s international obligations, to a country other than the Member State which granted international protection.

(5) The provisions of this regulation shall apply without prejudice to the provisions of article 14(1) the International Protection Act.