Judge Criticises Three-Day Appeal Limit For Migrants In Malta

A Maltese judge has criticised the three-working-day deadline given to third-country nationals to appeal rejected single permit applications, describing it as far too short, particularly for vulnerable migrants.

According to Times of Malta, in a recent Court of Appeal judgment, Mr Justice Lawrence Mintoff overturned a decision by the Immigration Appeals Board that had dismissed a Colombian woman’s appeal for being filed out of time. He also ordered the case to be reheard.

The judge said the board had repeatedly rejected appeals as time-barred without properly considering the circumstances of each case. He questioned whether the appeal period should begin before an applicant is even aware that a decision has been taken.

The case involved a Colombian national whose work permit application was withdrawn by her prospective employer without her knowledge. After learning her application had been refused, she appealed, but the board ruled that she had missed the three-day deadline.

Mr Justice Mintoff also highlighted the vulnerable position many migrant workers face, noting that employers can withdraw applications without informing the worker, leaving them in an irregular situation through no fault of their own.

The court annulled both the Immigration Appeals Board’s decision and Identità’s refusal, ordering the agency to consider the woman’s new work permit application.

Lawyer Edward Mario Camilleri appeared on behalf of the Colombian national. Corinne Pace, and Shaune Mizzi appeared on behalf of Identità.

Is Malta’s immigration appeals system fair?

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Dylan Attard

Dylan Attard is a Social Media Executive at Lovin Malta and a proud Gozitan with a passion for digital media, content creation, and social trends. Outside of work, you’ll usually find him at the gym, watching series or doomscrolling.