The Immigration Appeals Board (Procedure) Regulations, 2025 (L.N. 168 of 2025) ("Regulations"), issued under article 36 of the Immigration Act (Cap. 217 of the Laws of Malta) ("Act"), sets out clear procedures for third-country nationals to challenge immigration-related decisions before the Immigration Appeals Board ("Board").
Appellant's decision to appeal
Under the Act, an appellant must file a notice of appeal with the Registry of the Board within three days from the date of the decision being appealed. However, in cases involving the refusal, annulment or revocation of a visa, the period for filing an appeal shall be fifteen days.
Appellant's written submissions
Under the new Regulations, the appellant or legal representative must submit written submissions to the Board within ten working days from the date on which the intention to appeal is notified.
Board's notification to the Competent Authority
Upon receipt of the written submissions, the Board shall serve a copy on the competent authority, being the authority responsible for issuing the residence permit, visa or other document, as the case may be. The competent authority shall then have ten working days from the date of notification of the written submissions to file its own submissions with the Board.
Board's decision
The Board is required to deliver its decision within ten working days of receiving the competent authority's written submissions. The Board may, in exceptional and justified circumstances, extend the period for delivering its decision, provided the entire appeal procedure is concluded within sixty days.
Appeals on age assessment decisions
Similarly, decisions concerning age assessments, which are often critical in asylum cases, may be appealed within the same timeframe and in accordance with the procedure outlined above. If the competent authority, being the authority responsible for carrying out an age assessment in accordance with the Agency for the Welfare of Asylum Seekers Regulations, concludes that a person is an adult without carrying out an age assessment, the decision must automatically be reviewed by the Board, which must act within five working days. Where necessary, the Board may instruct that a full age assessment be carried out.
Wider jurisdiction of the Board
Beyond age assessment, permits and visa matters, the Board shall also have jurisdiction to hear appeals lodged by third-country nationals who feel aggrieved by any other decision of the relevant competent authority. The same procedural safeguards, such as submission deadlines and response timelines, apply, with the difference that the overall procedure shall not exceed ninety days.
Withdrawal or lapse of appeals
If the appellant fails to provide essential information regarding the appeal within the timeframe prescribed by the Board, the appeal shall be deemed tacitly withdrawn, unless the appellant sufficiently demonstrates that such failure was due to circumstances beyond their control. Additionally, the appeal shall also be deemed tacitly withdrawn where the appellant fails to comply with reporting or communication duties to the Board within thirty days.
These new provisions strengthen procedural clarity by introducing strict deadlines and reviews of sensitive cases, such as age assessments. By balancing efficiency with fairness, the Regulations aim to provide third-country nationals with clearer access to justice whilst ensuring that the Board resolves any immigration matters transparently and within reasonable timeframes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
