Story of the case
Our client, a Third Country National from Nepal, arrived in Malta on the 3rd of July 2022 after being issued with a residence permit allowing him to work with a local company. His residence permit was valid from the 22nd of July 2022 until the 22nd of July 2023. On the 26th of August 2022, our client decided to travel to Porto on holiday and had a return flight ticket back to Malta on the 3rd of September 2022.
When at the airport, our client was stopped at the gate, his employer was contacted to verify whether he was aware of client’s trip to Porto. The employer could not be reached but the Inspector spoke to a company representative, and it resulted that the representative was not aware whether appellant took days off to travel. At this stage our client was issued with a removal order, return decision and entry ban valid for the period of 3 years.
At that point the client contacted Dr Adrian Sciberras from Sciberras Advocates and Dr Karl Cordina from Belgravia Advisory to assist with an appeal at the Immigration Appeals Board.
Day of sitting: Appellant vs Principal Immigration Officer
During the sitting, the Principal Immigration Officer stated the facts of the story and presented a copy of flight itinerary to the Immigration Appeals Board (IAB), which flight tickets were purchased on the 24th of August 2022, prior to our client’s departure out of Malta. From all the evidence produced, it resulted that the appellant’s arrival in Malta was on the 3rd of July 2022, weeks before the trip to Porto. Our client was already in possession of a valid single permit and his flight itinerary was showing an outbound flight to Porto on the 26th of August 2022 and an inbound flight to Malta on the 5th of September 2022, which flights were purchased prior to the issuance of the return decision and removal order, issued on the 26th of August 2022. We presented other arguments, evidence, and documents to support the appellant.
Decision by the Immigration Appeals Board
The IAB found that on the day the appellant was stopped at the gate, the appellant was not contravening any of the grounds upon which the return decision, removal order and entry ban were issued. In view of the above, the IAB upheld the appellants appeal and revoked the return decision, removal order and entry ban issued on the 26th of August 2022.
Sciberras Advocates can assist in appeals at the Immigration Appeals Board or written requests to Principal Immigration Officer to appeal, overturn bans and challenge removal orders. More information about immigration services can be found here: https://sciberras.legal/practice-areas/immigration-law/ or contact us directly to speak to one of our immigration lawyers.
This article is for information purposes only and should not be construed as legal advice.
Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.
Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].