Country Report: Overview of the legal framework
Last updated: 25/10/24
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Main legislative acts relevant to asylum procedures, reception conditions, detention, and content of protection
| Title | Abbreviation | Link | Amendments with links |
| Cap. 420 International Protection Act | IP Act | https://legislation.mt/eli/cap/420/eng | Amended by Act VIII of 2004 – https://legislation.mt/eli/act/2004/8 Amended by Legal Notice 40 of 2005 – https://legislation.mt/eli/ln/2005/40 Amended by Legal Notice 426 of 2007 – https://legislation.mt/eli/ln/2007/426 Amended by Act VII of 2008 – https://legislation.mt/eli/act/2008/7 Amended by: Act VI of 2015 – https://legislation.mt/eli/act/2015/6 Amended by: Act VII of 2015 – https://legislation.mt/eli/act/2015/7 Amended by: Act XX of 2017 – https://legislation.mt/eli/act/2017/20 Amended by: Act XXI of 2020 – https://legislation.mt/eli/act/2020/21 Amended by Legal Notice 198 of 2020 – https://legislation.mt/eli/ln/2020/198 Amended by Act XL of 2020 – https://legislation.mt/eli/act/2020/40 Amended by: Act XIX of 2022 – https://legislation.mt/eli/act/2022/19 Amended by: Act XXXV of 2023 – https://legislation.mt/eli/act/2023/35 |
| S.L. 420.01 International Protection Appeals Tribunal (Procedures) Regulations | IPAT Regulations | https://legislation.mt/eli/sl/420.1/eng | Amended by Legal Notices 426 of 2007and 426 of 2012. |
| S.L. 420.04 International Protection Appeals Tribunal (Chambers) Rules | IPAT Chambers Regulations | https://legislation.mt/eli/sl/420.4/eng | Amended by Legal Notice 46 of 2014 |
| S.L. 420.05 Temporary Protection for Displaced Persons (Minimum Standards) Regulations | https://legislation.mt/eli/sl/420.5/eng | Amended by Legal Notice 188 of 2022 | |
| S.L. 420.06 Reception of Asylum-seekers Regulations | Reception Regulations | https://legislation.mt/eli/sl/420.6/eng | Amended by Legal Notices 417 of 2015,487 of 2021 and 2 of 2023 and 87 of 2024 |
| S.L. 420.07 Procedural Standards for Granting and Withdrawing International Protection Regulations | Procedural Regulations | https://legislation.mt/eli/sl/420.7/eng | Amended by Act XL of 2020 and Legal Notices 488 of 2021, 273 of 2022 and 104 of 2024 |
| S.L. 420.08 Fees Payable for Lost or Destroyed Documents Regulations | https://legislation.mt/eli/sl/420.8/eng | ||
| Cap. 217 Immigration Act | Immigration Act | https://legislation.mt/eli/cap/217/eng | Amended by Act VIII of 2004 – https://legislation.mt/eli/act/2004/8 Amended by Legal Notice 248 of 2004 – https://legislation.mt/eli/ln/2004/248 Amended by Act XIII of 2005 – https://legislation.mt/eli/act/2005/13 Amended by Act XVII of 2005 – https://legislation.mt/eli/act/2005/17 Amended by Legal Notice 274 of 2007 – https://legislation.mt/eli/ln/2007/274 Amended by Legal Notice 411 of 2007 – https://legislation.mt/eli/ln/2007/411 Amended by Act VII of 2008 – https://legislation.mt/eli/act/2008/7 Amended by Act XV of 2008 – https://legislation.mt/eli/act/2008/15 Amended by Act XVIII of 2009 – https://legislation.mt/eli/act/2009/18 Amended by Legal Notice 20 of 2013 – https://legislation.mt/eli/ln/2013/20 Amended by Act XXVI of 2015 – https://legislation.mt/eli/act/2015/36 Amended by Act XV of 2022 – https://legislation.mt/eli/act/2022/15 Amended by Act XXXV 2023 – https://legislation.mt/eli/act/2023/35 |
| S.L. 217.01 Fees payable for Residence Permits and Employment Licences Regulations | https://legislation.mt/eli/sl/217.1/eng | Amended by Legal Notices 32 of 1995,233 of 1997, 267 of 2006, 254 of 2009 2 of 2013 and 84 of 2021; and Act XIII of 2015. | |
| S.L. 217.02 Detention of a Person at Savio College Regulations | https://legislation.mt/eli/sl/217.2/eng | ||
| S.L. 217.03 Places of Detention Designation Order | https://legislation.mt/eli/sl/217.3/eng | ||
| S.L. 217.05 Status of Long-term Residents (Third Country Nationals) Regulations | https://legislation.mt/eli/sl/217.5/eng | Amended by Legal Notices 370 of 2010,197 of 2014, 366 of 2015 and 84 of 2021 and Act XXIX of 2019 | |
| S.L. 217.06 Family Reunification Regulations | Family Reunification Regulations | https://legislation.mt/eli/sl/217.6/eng | Amended by Legal Notice 148 of 2017and 166 of 2018 |
| S.L. 217.07 Permission to Reside for Victims of Trafficking or Illegal Immigration who co-operate with the Maltese Authorities Regulations | https://legislation.mt/eli/sl/217.7/eng | ||
| S.L. 217.08 Monitoring Board for Detained Persons Regulations | MBDP Regulations | https://legislation.mt/eli/sl/217.8/eng | Amended by Legal Notices 251 of 2012 and 425 of 2015 |
| S.L. 217.11 Agency for the Welfare of Asylum-seekers Regulations |
AWAS Regulations | https://legislation.mt/eli/sl/217.11/eng | |
| S.L. 217.12 Common Standards and Procedures for returning Illegally Staying Third-Country Nationals Regulations | Returns Regulations | https://legislation.mt/eli/sl/217.12/eng | Amended by Legal Notice 15 of 2014,410 of 2020 and 43 of 2021 |
| S.L. 217.13 Immigration Appeals Board (Division) Regulations | IAB Divisions Regulations | https://legislation.mt/eli/sl/217.13/eng | Amended by Legal Notice 82 of 2023 |
| S.L. 217.14 Minimum Standards on Sanctions and Measures against Employers of Illegally Staying Third-Country Nationals Regulations | https://legislation.mt/eli/sl/217.14/eng | ||
| S.L. 217.16 Immigration Appeals Board (Additional Jurisdiction) Regulations | https://legislation.mt/eli/sl/217.16/eng | Amended by Legal Notice 133 of 2017 | |
| S.L. 217.17 Single Application Procedure for a Single Permit as regards Residence and Work and a Common Set of Rights for those Third-Country Workers legally residing in Malta Regulations | https://legislation.mt/eli/sl/217.17/eng | ||
| S.L. 217.18 Malta Residence and Visa Programme Regulations | https://legislation.mt/eli/sl/217.18/eng | Amended by Legal Notices 189 of 2017,122, 384 of 2021 and 56 of 2024 | |
| S.L. 217.19 Detention Service Regulations | Detention Service Regulations | https://legislation.mt/eli/sl/217.19/eng | |
| S.L. 217.21 Conditions of Entry and Residence of Third-Country Nationals in the Framework of an Intra-Corporate Transfer Regulations | https://legislation.mt/eli/sl/217.21/eng | ||
| S.L. 217.22 Conditions of Entry and Residence of Third-Country Nationals for the Purposes of Research, Studies, Training and Voluntary Service in the Mobility Project for Young People: Voluntary Projects Regulations | https://legislation.mt/eli/sl/217.22/eng | ||
| S.L. 217.24 Procedure for the Inspection of Illegally Staying and Illegally Employed Third-country Nationals and the Monitoring of Third Country Nationals enrolled in Educational Establishments Regulations | https://legislation.mt/eli/sl/217.24/eng | ||
| S.L. 217.25 Residence Status of United Kingdom nationals and their family members in accordance with the Agreement on the Withdrawal of the United Kingdom and Northern Ireland from the European Union and the European Atomic Energy Community Regulations | https://legislation.mt/eli/sl/217.25/eng | ||
| S.L. 217.26 Malta Permanent Residence Programme Regulations | https://legislation.mt/eli/sl/217.26/eng | ||
| S.L. 217.27 Conditions of the Entry and Residence of Third-Country Nationals for the Purpose of Highly Qualified Employment Regulations | https://legislation.mt/eli/sl/217.27/eng | ||
| Cap. 36 Prevention of Disease Ordinance | https://legislation.mt/eli/cap/36/eng | ||
| Cap. 465 Public Health Act | https://legislation.mt/eli/cap/465/eng | ||
| Cap. 602 Minor Protection(Alternative Care) Act | Minor Care Act | https://legislation.mt/eli/cap/602/eng | Amended by Act XXXIX of 2020 – https://legislation.mt/eli/act/2020/39/eng/pdf Amended by Act XXIII of 2021 – https://legislation.mt/eli/act/2021/23/eng Amended by Act XI of 2023 – https://legislation.mt/eli/act/2023/11/eng |
| S.L.602.01 Children’s House Regulations | https://legislation.mt/eli/sl/602.1/eng | ||
| Cap. 595 Public Administration Act | https://legislation.mt/eli/cap/595/eng | ||
| S.L. 595.36 International Protection Agency (Establishment) Order | IPA Order | https://legislation.mt/eli/sl/595.36/eng | |
| S.L. 595.45 Detention Services Agency (Establishment) Order | DSA Order | https://legislation.mt/eli/sl/595.45/eng | |
| Cap. 318 Social Security Act | https://legislation.mt/eli/cap/318/eng | ||
| S.L. 318.16 Social Security (U.N. Convention relating to the Status of Refugees) Order | Refugees Social Security Regulations | https://legislation.mt/eli/sl/318.16/eng | |
| Cap 188 Maltese Citizenship Act | Citizenship Act | https://legislation.mt/eli/cap/188/eng | Amended by Act II of 1970, Act XXXI of 1972, Act LVIII of 1974, Act XXXI of1975, Act IX of 1977, Act XIII of 1983 – https://legislation.mt/eli/act/1983/13/eng/pdf Act XXIV of 1989 – https://legislation.mt/eli/act/1989/24/eng/pdf Act IV of 2000 – https://legislation.mt/eli/act/2000/4/eng/pdf Act X of 2007 – https://legislation.mt/eli/act/2007/10/eng/pdf Legal Notice 410 of 2007 – https://legislation.mt/eli/ln/2007/410/eng/pdf Act XV of 2013 – https://legislation.mt/eli/act/2013/15/eng/pdf Act XXIV of 2017 – https://legislation.mt/eli/act/2017/24 Act XXVI of 2017 – https://legislation.mt/eli/act/2017/26/eng/pdf Act XV of 2020 – https://legislation.mt/eli/act/2020/15/eng/pdf Act XXXVIII of 2020 – https://legislation.mt/eli/act/2020/38/eng/pdf |
| Anti-Racism Strategy 2021-2023 | Anti-Racism Strategy | https://tinyurl.com/5yrphd5c | |
| Policy regarding Specific Residence Authorisation | Specific Residence Authorisation |
https://tinyurl.com/432x46m3 | |
| Strategy for the Reception of Asylum-seekers and irregular migrants (2015) | 2015 Strategy Document | https://tinyurl.com/6ppyhw5k | |
| Integration=Belonging: Migrant Integration Strategy and Action Plan, Vision 2020 | https://tinyurl.com/mtcknahr |