Withdrawal of protection status

Malta

Country Report: Withdrawal of protection status Last updated: 30/11/20

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According to the Refugees Act, a declaration of refugee status can be revoked by the Minister of Home Affairs after due investigation, in the case where a person was erroneously recognised as a refugee on an application which contains any materially incorrect or false information, or was so recognised owing to fraud, forgery, false or misleading representation of a material or substantial nature in relation to the application.[1]

The refugee shall be informed in writing that his or her 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be given the opportunity to submit, in a personal interview, reasons as to why his or her refugee status should not be withdrawn.

The Minister of Home Affairs 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. In such cases, the person is entitled to appeal against the revocation to the Board within seven days of the notification of the revocation.[2]

Regarding subsidiary protection beneficiaries, the Minister 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.[3]

As of 31 October 2019, the Refugee Commissioner withdrew one refugee status, nine subsidiary protection statuses and seven humanitarian protection statuses.[4]

 


[1] Article 10 Refugees Act.

[2] Article 10(3) Refugees Act.

[3] Article 22 Refugees Act.

[4] Information provided by the Office of the Refugee Commissioner, February 2020

 

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