S.L. 217.12 ст. 7Entry ban.

(1) The Principal Immigration Officer shall issue a return decision accompanied by an entry ban where:

(a) no period for voluntary departure is granted; or

(b) the obligation to return is not complied with within the period for voluntary departure granted in accordance with regulation 4; or

(c) there is a serious threat to public policy, public security or national security; or

(d) the Principal Immigration Officer may deem necessary in the circumstances.

(2) Return decisions may be accompanied by an entry ban in other cases including those mentioned in regulation 3(5).

(3) An entry ban shall be executed on the third country national leaving the Schengen area from Malta and information on such entry ban shall be provided to him in a language that he may reasonably be supposed to understand.

(4) The length of the entry ban shall be determined subject to all relevant circumstances of the case concerned and shall not exceed five years: Provided that such entry ban may exceed five years if the third-country national represents a serious threat to public policy, public security or national security.

(5) The Principal Immigration Officer shall consider withdrawing or suspending an entry ban issued in accordance with sub-regulation (2) where the third-country national can demonstrate that he has left Malta in full compliance with a return decision.

(6) Without prejudice to sub-regulation (1)(b) the Principal Immigration Officer shall not issue an entry ban on a third-country national who is a victim of trafficking of human beings and is granted a residence permit in accordance with the provisions of the Permission to Reside for Victims of Trafficking or Illegal

Immigration Regulations who cooperate with the Maltese authorities, except where the entry ban is justified on grounds of public policy, public security or national security: Provided that the Principal Immigration Officer may refrain THIRD-COUNTRY NATIONALS [

from issuing, withdrawing or suspending an entry ban in individual cases for humanitarian reasons or other reasons he may deem appropriate.

(7) Where the Maltese authorities are considering whether to grant a residence permit or other authorisation for a right to stay to a third-country national who is issued with an entry ban by another Member State, such Member State shall be first consulted and its interests shall be taken into account in accordance with Article 25 of the Convention implementing the Schengen Agreement.

(8) The provisions of sub-regulations (1) to (2) and (4) to (7) shall apply without prejudice to the right to international protection as defined in the Procedural Standards in Examining Applications for Refugee Status Regulations.