S.L. 420.7 Art. 16Right to remain.

(1) Applicants shall be allowed to remain on the Maltese territory, for the sole purpose of the procedure, until the

International Protection Agency has made a decision. This right to remain shall not constitute an entitlement to a residence permit.

(2) Notwithstanding the provisions of any other law to the contrary, and except where a subsequent application will not be further examined pursuant to article 7A of the Act, or where an applicant is to be surrendered or extradited as appropriate to another Member State pursuant to obligations in accordance with a European Arrest Warrant or otherwise, or to a third country or to international criminal courts or tribunals, an applicant shall not be removed from Malta before his application is finally determined and such applicant shall be allowed to enter or remain in Malta pending a final decision of his application.

(3) An exception from the right to remain in the territory may be made where a person:

(a) has lodged a subsequent application, which is not further examined pursuant to article 7A of the Act, merely in order to delay or frustrate the enforcement of a decision which would result in his imminent removal;

(b) makes another subsequent application in the same Member State, following a final decision considering a first subsequent application inadmissible pursuant to article 24 of the Act or after a final decision to reject that application as unfounded: Provided that the exception referred to in this regulation may only be made so long as the International Protection Agency or the International Protection Appeals Tribunal do not indicate, by means of a notice in writing, that the return decision in respect of the person in question would constitute direct or indirect refoulement.