S.L. 420.7 · Procedural Standards For Granting (S.L. 420.7)
S.L. 420.7 Art. 20Rights of refugees and persons granted subsidiary protection status.
(1) Notwithstanding the provisions of any other law to the contrary, and notwithstanding any deportation or removal order, a person declared to be a beneficiary of international protection shall be entitled:
(a) without prejudice to the provisions of articles 9 and 10
of the Act, to remain in Malta with freedom of movement, and to be granted, as soon as possible, personal documents, including a residence permit for a period of three (3) years, which shall be renewable: Provided that a residence permit to be granted to a family member may be valid for at least three (3) years and shall be renewable;
(b) unless he is in custody awaiting judicial proceedings for the commission of a criminal offence, or is serving a term of imprisonment, to be given a Convention Travel Document in the case of a refugee and a Travel Document in accordance with relevant provisions of national law in the case of a beneficiary of subsidiary protection, entitling him to leave and return to Malta without the need of a visa;
(c) to have access to employment, social welfare, integration programmes, appropriate accommodation, State education and training and to receive State medical care:
Provided that access to employment, social welfare, integration programmes, State education and training and State medical care including treatment of medical disorders shall be granted under the same conditions as nationals:
Provided further that the social welfare benefits granted to beneficiaries of subsidiary protection may be limited to core social welfare benefits:
Provided further that beneficiaries of international protection shall have access to accommodation under equivalent conditions as other third-country nationals legally residing in Malta.
(2) (a) Family members of a person granted refugee status, if they are in Malta at the time of the decision or if they join him in Malta, enjoy the same rights and benefits as the refugee so that family unity may be maintained.
(b) Family members of a person granted subsidiary protection, if they are in Malta at the time of decision, enjoy the same rights and benefits as the person enjoying subsidiary protection status so that family unity may be maintained.
(3) Beneficiaries of international protection who have special needs, such as pregnant women, disabled people, persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or who have suffered from armed conflict, shall be provided with adequate health care including treatment of medical disorders.
(4) Beneficiaries of International Protection shall be allowed freedom of movement within the Maltese territory.
(5) Beneficiaries of temporary humanitarian protection shall be entitled to the same rights and benefits as for beneficiaries of subsidiary protection; provided however that the duration of protection for beneficiaries of temporary humanitarian protection shall be of one
(1) year and shall be renewable. Documents issued to such persons shall have the same period of validity as for their protection.
Änderungsgeschichte
- Amended by L.N. 488 of 2021