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Second instance determination - Malta
Last updated on 19/11/2024

***Note that the information provided for this country was not reviewed by the EUAA Information and Analysis national contact point.

 

There is one appeal possible against a decision on international protection. The International Protection Appeals Tribunal (IPAT) analyses appeals lodged against decisions on international protection taken by the International Protection Agency (IPA).

 

IPAT is similar to a court, but it is less formal and it is specialised in asylum.

 

The relevant legislation concerning the first appeal in asylum cases for status determination is the International Protection Appeals Tribunal (Procedures) Regulation (S.L. 420.01), the International Protection Act (Chapter 420 of the Laws of Malta), the Immigration Act, and the Procedural Standards for Granting and Withdrawing International Protection Regulations. The Code of Organization and Civil Procedures provides relevant provisions for cases in which the First Hall Court may undertake a judicial review.

 

The IPAT decision is considered final and may not be appealed before any court of law according to the International Protection Act (Article 7(10) International Protection Act, Chapter 420). However, under Article 469A of the Code of Organisation and Civil Procedure, a request for a judicial review may be made by the applicant to the Civil Courts (specifically the First Hall Civil Court (administrative jurisdiction)) when a judgment may violate natural justice principles or is contrary to the law, with a further appeal on procedural aspects before the Court of Appeal. In addition, an appeal before the Constitutional Jurisdiction of the First Hall Civil Court for breach of fundamental rights is also possible, with a further appeal before the Constitutional Court.