Author
The International Protection Act provides for the possibility of cessation of refugee status.[1] The grounds for cessation apply to cases where the refugee:
- 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;
- Has acquired a new nationality and enjoys the protection of this country;
- Has voluntarily re-established him or herself in the country which he left or outside which he remained owing to fear of persecution;
- 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;
- 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 International Protection Appeals Tribunal 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 International Protection Agency is satisfied 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]
Reconsiderations of subsidiary protection are to be notified in writing to the protection holder, providing reasons therefor. The protection holder is permitted to present reasons in an interview or in writing, as to why subsidiary protection should not cease. Appeals against decision to cease subsidiary protection are to be submitted within one week from the notification of the decision, and the regular appeal procedures apply.[4]
There is no systematic review of protection status in Malta. In 2022, the IPA revoked, ended or refused to renew international protection in terms of Articles 10 and 22 of the Act for two persons: one Libyan national and one Palestinian national.
[1] Article 9 International Protection Act, Chapter 420 of the Laws of Malta
[2] Article 9(2) International Protection Act, Chapter 420 of the Laws of Malta.
[3] Article 21 International Protection Act, Chapter 420 of the Laws of Malta.
[4] Article 22 International Protection Act, Chapter 420 of the Laws of Malta.