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 26思 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 24思 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 26思 of August 2022 and an inbound flight to Malta on the 5思 of September 2022, which flights were purchased prior to the issuance of the return decision and removal order, issued on the 26思 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 26思 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.
本文仅供参考，不应被视为法律建议。.
查琳·西贝拉斯（Charlene Sciberras）女士，文学士（荣誉），特约撰稿人，是一位营销和工商管理专家，尤其专注于公司、会计和法律事务。.
Sciberras Advocates 由 Adrian Sciberras 博士创立，是一家总部位于马耳他的律师事务所。该事务所以其多学科、创新和灵活的特点而自豪，能够应对不断变化的时代以及本地和国际法律环境中的任何挑战。无论面临何种复杂私人或公司需求，Sciberras Advocates 都能提供切合实际且具有成本效益的法律解决方案，以实现您期望的结果。您可以通过电话联系 Sciberras Advocates： +35627795222或通过电子邮件发送至 [email protected].
