Cap. 420 Art. 7Appeals to Board.

(1) The Tribunal shall have power to hear and determine appeals against a decision of the International Protection Agency including appeals from decisions for the transfer of a third country national from Malta to another Member State in accordance with the provisions of Council Regulation 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third country national or stateless person.

(1A) For the purpose of this article, an appeal for a full and ex examination of both facts and points of law shall lie against: nunc

(a) a decision taken on an application for international protection:

(i) considering an application to be unfounded in relation to refugee status and, or subsidiary protection status;

(ii) considering an application to be inadmissible pursuant to article 24; Provided that for the purpose of this provision, the review conducted by the Chairperson of the International Protection Appeals Tribunal shall be deemed to constitute an appeal.

(iii) not to conduct an examination pursuant to article 24(1)(c);

(b) a refusal to reopen the examination of an application after the discontinuation in accordance with regulation 13 of the Procedural Standards in Examining

Applications for International Protection Regulations;

(c) a withdrawal of international protection; Provided that no right of appeal shall lie from a decision of the International Protection Agency to withdraw international protection on the basis that this has lapsed in accordance with regulation 13A of the Procedural Standards for Examining Applications for International Protection Regulations.

(2) Appeals to the Tribunal shall be made within fifteen (15) days from the notification on the applicant of the decision of the International Protection Agency. A copy of the appeal shall be served on the Chief Executive Officer: Provided that the Tribunal may assume that the applicant has implicitly withdrawn his application of appeal when it is ascertained that:

(a) he has failed to provide information essential to his appeal unless the applicant demonstrates, within a reasonable time, that his failure was due to circumstances beyond his control;

(b) he has abandoned or left without authorisation the place where he lived or was held, without contacting the competent authorities within a reasonable time or he has not, within thirty (30) days, complied with reporting duties or other obligations to communicate..

(3) The International Protection Appeals Tribunal shall, as the particular case may require, make arrangements to procure the attendance of an interpreter to assist at the hearings.

(4) An appellant shall have the right to free legal aid under the same conditions applicable to Maltese nationals.

(5) The Tribunal may hold an oral hearing if it so deems fit. Such oral hearings shall be held unless the Tribunal authorizes in camera, such hearing to be public, after a request by one of the parties, or if the Tribunal so deems fit.

(6) The Tribunal shall require applicants to make written submissions within not more than fifteen (15) days following the submission of the appeal application. The submission shall be made without prejudice to the presentation of additional evidence, particularly documentation that could not have been available when the submission was made, in the course of the proceedings.

(7) Without prejudice to article 23, the Tribunal shall ensure that each case is concluded within three (3) months of the lodging the appeals application. In cases involving complex issues of fact or law, the time-limit set out in sub-article (1) may be prolonged by an additional three (3) month period. This time limit may only be further extended where exceptional circumstances make it impossible for the Tribunal to decide on the appeal within a total period of six (6) months.

(8) A representative of the High Commissioner shall be entitled to attend the sittings of the Tribunal.

(9) Subject to regulations made under article 25(1)(b), the Tribunal shall regulate its own procedure. The Tribunal shall also through the Chairperson have the power to administer an oath to any person appearing before it.

(10) Notwithstanding the provisions of any other law, but without prejudice to article 46 of the Constitution of Malta and without prejudice to the provisions of article 4 of the European

Convention Act the decision of the Tribunal shall be final and conclusive and may not be challenged and no appeal may lie therefrom, before any court of law, saving the provisions of article 7A.

(11) Where the Tribunal finds in favour of the applicant the International Protection Agency shall issue a declaration accordingly.