S.L. 276.5 Art. 39Certificate in respect of asylum claimant. Cap. 420.

(1) Article 38(3) does not apply in relation to a person if the Minister responsible for immigration (hereinafter, in this article, referred to as "the Minister") has certified that the conditions in sub-article (2) or the conditions in sub-article (3) are satisfied in relation to him.

(2) The conditions are that -

(a) the scheduled country to which the person’s return has been ordered has accepted that, under standing arrangements, it is the responsible State in relation to the person’s asylum claim;

(b) in the opinion of the Minister the person is not a national or citizen of the scheduled country.

(3) The conditions are that, in the opinion of the Minister -

(a) the person is not a national or citizen of the scheduled country to which his return has been ordered;

(b) the person’s life and liberty would not be threatened in that country by reason of his race, religion, nationality, political opinion or membership of a particular social group;

(c) the government of that country would not send the person to another country otherwise than in accordance with the Convention.

(4) In this article -"Convention" has the meaning assigned to it by article 2 of the International Protection Act; "standing arrangements" means arrangements in force between Malta and the designated territory for determining which State is responsible for considering applications for asylum.

Withdrawal of Part II warrant