S.L. 217.12 Art. 4Voluntary departure.

(1) A return decision shall not affect the obligation of any person who does not fulfil or no longer fulfils the conditions of entry, residence or free movement to leave Malta voluntarily without delay.

(2) The Principal Immigration Officer shall inform the third-country national in the return decision that he may submit an application to be granted an appropriate period for voluntary departure, and such period shall be not less than seven days and not more than thirty days, and this without prejudice to the possibility for the third-country national to leave earlier:

Provided that the Principal Immigration Officer shall, where necessary, extend the period for voluntary departure by an appropriate period, taking into account the specific circumstances of the individual case such as health reasons, the length of stay, the existence of children attending school and the existence of other family and social links.

(3) The Principal Immigration Officer may impose for the duration of the period for voluntary departure certain obligations he deems necessary to avoid the risk of absconding. THIRD-COUNTRY NATIONALS [

(4) The Principal Immigration Officer may refuse to grant a period for voluntary departure or may grant a period shorter than seven days where:

(a) there is a risk of absconding; or

(b) the application for legal stay is considered as manifestly unfounded or fraudulent; or

(c) the person concerned is considered to be a threat to public policy, public security or national security.