RAMADAN v. MALTA JUDGMENT
9
of any applicable readmission agreement concluded by Malta and in accordance with
international obligations to which Malta may be party.
(5) Nothing in this article shall preclude or prejudice the application of Maltese law
on the right to asylum and the rights of refugees and of Malta’s international
obligations in this regard.”
4. The Immigration Regulations
37. Subsidiary Legislation 217.04, in so far as relevant, provides the
following rules:
“12. (1) A third country national shall only be entitled to reside in Malta if a uniform
residence permit for a specific purpose is issued in his regard.
(2) The provisions of subregulation (1) shall not apply to a third country national
who has been given temporary permission to reside in Malta for the purpose of the
processing of an application for asylum or an application for a uniform residence
permit.
(3)* Without prejudice to regulation 7(3), the provisions of regulations 5, 6, 8,
9 and 10 shall mutatis mutandis apply to this Part, so however that a third country
national cannot apply for a licence or a uniform residence permit for the purpose of
seeking or taking up employment; nor may he apply to change the nature of the
uniform residence permit into one empowering him to seek or take up employment,
while he is already in Malta, save as the Minister may direct in exceptional
circumstances.
*Not yet in force.”
38. Regulations 5, 6, 8, 9 and 10 refer to residence and employment in
connection with European Union citizens.
39. Regulation 12(3) has not yet come into force. It will come into force
on such date or dates as the Minister may by notice in the Gazette appoint.
B. International materials
1. United Nations
40. Malta is not a party to the 1954 United Nations Convention relating
to the Status of Stateless Persons, nor is it a party to the 1961 Convention on
the Reduction of Statelessness. A report by the United Nations Refugee
Agency Office in Malta, called “Mapping Statelessness in Malta” (2014),
recommended, inter alia, that Malta consider acceding to the two mentioned
conventions and establishing an effective statelessness determination
procedure, as well as ensuring the rights of stateless persons and awareness
about statelessness among relevant Government institutions.
2. Relevant Council of Europe instruments
41. Desiring to promote the progressive development of legal principles
concerning nationality, as well as their adoption in internal law, and desiring
to avoid, as far as possible, cases of statelessness, the Council of Europe