S.L. 460.17 Art. 13Removal and protection against removal.

(1) A person who ceases to have the right to reside by virtue of this Order or who becomes an unreasonable burden on the social assistance system, may be removed from Malta:

Provided that a removal order shall not be the automatic consequence of the person’s recourse to the social assistance system of Malta:

Provided further that without prejudice to the provisions of this Order, a removal order shall not be issued in the case of a person who is a worker, or a self-employed, or a job-seeker, who can provide evidence that he is continuing to seek employment and that he has a genuine chance of being engaged, or the family members of such persons.

(2) In the case where a decision for removal on grounds of public policy or public security is being taken, the Principal Immigration Officer shall take into account a number of considerations which may include:

(a) the period of residence in Malta of the person to be removed;

(b) the age of such person;

(c) the person’s state of health;

(d) his family and economic situation;

(e) his social and cultural integration in Malta;

(f) the extent of his links with his country of origin.

(3) A decision for removal shall not be taken in the case of a Union citizen and his family members, irrespective of nationality, who have the right of permanent residence, except on serious grounds of public policy and public security.

(4) A removal decision shall not be taken against a Union citizen, except if the decision is based on imperative grounds of public security, if such citizen:

(a) has resided in Malta for a continuous period of at least ten years prior to such decision; or

(b) is under the age of eighteen years unless such decision is necessary in his best interests.

(5) Diseases referred to in article 12(3), occurring after a three-month period from the date of arrival, shall not constitute grounds for removal of the Union citizen, his family members and other family members from Malta on grounds of public health.

(6) Expiry of the identification document used by a citizen of the Union and his family members and other family members to enter Malta and the failure of such persons to obtain a residence permit or a residence document, as the case may be, shall not, by itself, justify removal from Malta.