Cessation and review of protection status

Malta

Country Report: Cessation and review of protection status Last updated: 30/11/20

Author

JRS Malta Visit Website

The Refugees Act provides for the possibility of cessation of refugee status.[1] The grounds for cessation apply to cases where the refugee:

  1. Has voluntarily re-availed himself of the protection of the country of his or her nationality, or, having lost his nationality, has voluntarily re-acquired it;
  2. Has acquired a new nationality and enjoys the protection of this country;
  3. Has voluntarily re-established him or herself in the country which he left or outside which he remained owing to fear of persecution;
  4. Can no longer continue to refuse to avail himself of the protection of the country of his nationality because the circumstances in connection with which he has been recognised as a refugee have ceased to exist;
  5. Is a person who has no nationality and, because the circumstances in connection with which he has been recognised as a refugee have ceased to exist, is able to return to the country of his former habitual residence.

The law provides for the possibility of an appeal against a cessation decision before the Refugee Appeals Board within 15 days after notification.[2] The rules regulating appeals for cessation decisions are the same as the ones applicable to regular appeals.

Regarding beneficiaries of subsidiary protection, the situation is different according to the EU recast Qualification Directive as the law states that such protection “shall cease if  the  Minister  is satisfied, after consulting the Commissioner, that the circumstances which led to the granting of subsidiary protection status have ceased to exist or have changed to such a degree that protection is no longer required. Provided that regard shall be had as to whether the change of circumstances is of such a significant and non-temporary nature that the person eligible for subsidiary protection no longer faces a real risk of serious harm.” The law further provides “that the provisions of this article shall not apply to a beneficiary of subsidiary protection who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.”[3]

Appeals are possible against such decisions under the same conditions as the regular procedure.[4]

According to the authorities, cessation is not applied to individuals or specific groups of beneficiaries of international protection in Malta.[5]  Moreover, there is no systematic review of protection status in Malta.

There is no information available on the number of cessation decisions that were taken for beneficiaries of international protection in 2019.

 


[1]  Article 9 Refugees Act.

[2]  Article 9(2) Refugees Act.

[3]  Article 21 Refugees Act.

[4]  Article 9(2) Refugees Act.

[5]  Information provided by RefCom, 2 June 2016.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation