Preliminary
An appeal on a rejection decision given by the Immigration Appeals Board towards our client, a Nepalese national.
Facts
Our client arrived in Malta in October 2022, and was then held at the Malta International Airport on the 7th of October 2022 as he was about to travel to Portugal. That same day the Principal Immigration Officer issued against him a decision for his return and for his removal from Malta.
Our client had stated to the Principal Immigration Officer that he was on his way to he attends the Dashain Festival which is celebrated by the people of Nepal, and he was going to return to Malta a few days later. It turned out that our client had a visa valid for the purpose of work from July 2022 to November 2022 and our client had already attended an interview but had not yet stated working.
Merit
Sciberras Advocates appealed the decision before the Board in 2022 where we presented the submissions and also bail submission so that the appellant is to be released from detention.
The Decision Appealed
From evidence produced the Immigration Appeals Board decided that our client failed to convince this Board of his true intentions. Reasons given, that of travelling to Porto to participate in the Dashain festival does not tally and the single permit application had to be finalised first.
The Appeal
In April 2023, our firm presented an appeal on the decision to cancel the revoke the return decision and the entry ban issued by the Principal Immigration Officer in October. Our appeal consisted of various submissions, evidence produced and various legal considerations.
Appeals Court Decision
The Court of Appeal accepted the appeal of our client and revoked the original Board decision for the return and for the removal from Malta, together with the entry ban issued on the same day, so that our client could present a new application for a residence permit in Malta.
The final judgement can be downloaded from here: Malta Immigration Case 50 / 2023
This was another success story for our firm, winning an appeal for a third country national who was ready to start his new job in Malta. Sciberras Advocates can assist in appeals with 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].
