Author
According to the International Protection Act, a declaration of refugee status can be revoked by the International Protection Agency in the case where a person should have been excluded from being a refugee in accordance with the exclusions grounds laid down by the Asylum Procedures Directive and transposed in Article 12 of the International Protection Act or where his misrepresentation or omission of facts, including the use of false documents, was decisive for the granting of refugee status.[1]
Additionally, the IPA may also revoke or refuse to renew the protection granted to a refugee when there are reasonable grounds for regarding him or her as a danger to the security of Malta or if, having been convicted by a final judgment of a particularly serious crime, he constitutes a danger to the community of Malta.
The refugee shall be informed in writing that their status is being reconsidered and shall be given the reasons for such reconsideration. The refugee shall also be given the opportunity to submit, in a personal interview or in a written statement, reasons as to why their refugee status should not be withdrawn.
Regarding subsidiary protection beneficiaries, the International Protection Agency shall revoke or refuse to renew such status if the person, after having been granted subsidiary protection status, should have been or is excluded from being eligible for subsidiary protection or if that person’s misrepresentation or omission of facts, including the use of false documents, were decisive for the granting of subsidiary protection status.
The beneficiary of subsidiary protection will be informed in writing that their status is being reconsidered and will be given the reasons for such reconsideration. The beneficiary will also be given the opportunity to submit, in a personal interview or in a written statement, reasons as to why their refugee status should not be withdrawn. According to the IPA, the withdrawal procedure is mainly conducted in writing and personal interviews are no longer held unless deemed necessary. [2]
Act XIX of December 2022 amended the International Protection Act and reduced the deadlines to appeal to one week. Accordingly, beneficiaries of international protection in whose regard the IPA has revoked, ended or refused to renew their refugee status or subsidiary protection status are entitled to appeal against this decision before the IPAT within one week from when the notification of the decision has been served to them and the appeal will be heard according to the regular procedure.[3]
In practice, the IPA will inform the beneficiary that his protection is being reconsidered and given a couple of days to submit a written statement explaining the reasons to why their status should not be withdrawn. However, no appeal lies against the decision of the Agency.
According to information provided by the IPA, in 2023 there were no international protection withdrawal decisions whilst in 2024 six withdrawal decisions were taken.
[1] Article 10 of the International Protection Act, Chapter 420.
[2] Ministry for Home Affairs, Security, Reforms and Equality, Feedback on the 2022 AIDA Country Report on Malta, shared with ECRE in January 2024.
[3] Articles 10(6) and 22(6) of the International Protection Act as amended by Act XIX of 20 December 2022.