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to submit, in a personal interview or in a written statement, reasons as to why his or her refugee status should not be withdrawn.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 his or her 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to submit, in a personal interview or in a written statement, reasons as to why his or her refugee status should not be withdrawn.
Act XIX of December 2022 amended the International Protection Act and reduced the deadlines to appeal to 1 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 (1) week from when the notification of the decision has been served to them and the appeal will be heard according to the regular procedure.[2]
Regarding beneficiaries of Temporary Humanitarian Protection (THP), the status may be revoked, ended or not renewed whenever the conditions under which it was granted no longer subsist, or if after being granted temporary humanitarian protection, the beneficiary should have been or is excluded from being eligible.[3]
The provisions applicable to the withdrawal of subsidiary protection apply mutatis mutandis to the for beneficiaries of THP. 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 his or her status should not be withdrawn. However, no appeal lies against the decision of the Agency.
In 2020, the IPA withdrew 4 refugee status and 10 subsidiary protection statuses. In 2021, the IPA withdrew 3 subsidiary protection status (the Agency includes the 2 cessations mentioned above) and 71 Temporary Humanitarian Protection status, including 55 protection statuses of Ukrainian nationals. Many of the Ukrainians that saw their status withdrawn subsequently returned to their country before the war broke out. At the moment of writing, their fate remains unknown.
As mentioned above, 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. Furthermore, IPA also withdrew the Temporary Humanitarian Protection of 3 persons: one from Libya, one from Morocco and one from Ukraine.
[1] Article 10 of the International Protection Act, Chapter 420 of the Laws of Malta.
[2] Articles 10(6) and 22(6) of the International Protection Act as amended by Act XIX of 20 December 2022.
[3] Article 17A(2) of the International Protection Act, Chapter 420 of the Laws of Malta.