S.L. 276.8 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 subarticle (2) or the conditions in subarticle (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