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 26t 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.
Airport drama
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.
Lawyers’ intervention
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 24t 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 26t of August 2022 and an inbound flight to Malta on the 5t of September 2022, which flights were purchased prior to the issuance of the return decision and removal order, issued on the 26t 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 26t of August 2022.
Need assistance?
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.
Questo articolo è solo a scopo informativo e non deve essere interpretato come consulenza legale.
Articolo scritto dalla Sig.ra Charlene Sciberras, B.A. (Hons), collaboratrice esterna, specialista in marketing e amministrazione aziendale con un focus particolare su questioni societarie, contabili e legali.
Sciberras Advocates, fondato dall'Avvocato Adrian Sciberras, è uno studio legale con sede a Malta. Lo studio si vanta di essere multidisciplinare, innovativo e flessibile per far fronte ai tempi che cambiano e a qualsiasi sfida nello scenario legale locale e internazionale. Qualunque siano le complesse esigenze private o societarie richieste, Sciberras Advocates offre soluzioni legali pratiche ed economiche per raggiungere i risultati desiderati. È possibile contattare Sciberras Advocates telefonicamente al numero +35627795222o via email su [email protected].
