S.L. 420.5 Art. 27Exclusion from temporary protection.

(1) The Chief Executive Officer may exclude a person from temporary protection if:

(a) there are serious reasons for considering that -

(i) that person has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;

(ii) that person has committed a serious non- political crime outside Malta prior to his or her admission into Malta as a person enjoying temporary protection. The severity of the expected persecution is to be weighed against the nature of the criminal offence of which the person concerned is suspected. Particularly cruel actions, even if committed with an allegedly political objective, may be classified as serious non-political crimes. This applies both to the participants in the crime and to its instigators;

(iii) that person has been guilty of acts contrary to the purposes and principles of the United Nations;

(b) there are reasonable grounds for regarding that person as a danger to the security of Malta as a host country or, having been convicted by a final judgment of a particularly serious crime, that person is a danger to the community of Malta as a host country.

(2) The grounds for exclusion referred to in sub-regulation

(1) shall be based solely on the personal conduct of the person concerned. Exclusion decisions or measures shall be based on the principle of proportionality.