Issue link: https://maltatoday.uberflip.com/i/1207647
6 maltatoday | WEDNESDAY • 5 FEBRUARY 2020 NEWS Senior Professional Officer (Legal) In possession of a law degree and a valid warrant to practice as an Advocate in the Courts of Malta and Gozo. Having previously worked in other legal roles is an asset. Job Title: Qualifications: Experience: JOB VACANCY MAIN JOB PURPOSE: To assist the Lands Authority in legal affairs and representation of the Authority in all legal matters, including litigation, negotiations and all other legal matters as directed by the Chief Officer (Legal) and/or the Authority. Jobsplus permit no. 131/2019 Closing Date: 17th February 2020 https://landsauthority.org.mt/about-us/careers/ MATTHEW AGIUS A family from the Philippines who have been residing in Malta since 2013 are fighting to have their children's residence status approved after the authorities ruled that they had insufficient resources A family from the Philippines who have been residing in Malta since 2013 are fighting to have their children's residence status approved after the authorities ruled that they had insufficient resources to satisfy the condi- tions provided in the Family Re- unification Regulations by not taking overtime and bonuses in- to account, despite the law being aimed at safeguarding the best in- terests of the children. The Baldueza family's lawyer, Robert Galea, explained to Malta- Today that they had already been living in Malta for seven years when they brought their children from abroad. "They fulfil all the requirements to be eligible for Long Term Res- idence status, in fact, the mother had already applied and had been exempted from paying school fees for the same minor children," he said. But the children's Maltese resi- dence permit is being refused by the Immigration Appeals Board on the basis that it does not sat- isfy the conditions provided for in Subsidiary Legislation 217.06 – the Family Reunification Regu- lations and the respective admin- istrative guidelines implemented by Identity Malta. "In this regard, the application has failed to prove that you have sufficient resources to meet the current living costs in Malta," reads the refusal letter. The regulations were intro- duced to implement European Union Directive 2003/86/EC on the right to family reunification, into local law. The Balduezas subsequently filed a case before the Immigra- tion Appeals Board, arguing that discretion was being improperly used. In that case, Galea accused the Director for Citizenship and Ex- patriate Affairs of improperly ex- ercising his discretion as in terms of the law the guiding principle in issuing such permits is the "best interest of minor children". "All these cases are treated in a standardised manner, resulting in an institutional disregard of all the relevant factors, including the best interest of the minors," Galea said. The local law was meant to transpose the relative Directive, which states that adoption of Di- rective should be in conformity with the obligation to protect the family and respect to family life. Also, that policy should aim at granting them rights and obliga- tions comparable to those of citi- zens of the European Union. Law and documents issued by Identity Malta state that "where the conditions concerning sta- ble resources referred to in this sub-regulation, are not met by the sponsor, the Director shall con- sider all relevant circumstances and if there are justified reasons to do so, the Director shall accept the relative amount declared by the said third-country national as satisfying the conditions stipulat- ed therein". "Nevertheless, this is being sys- tematically overlooked, making all decisions of the Director illegal and ultra vires due to improper exercise of discretion," argued the lawyer. Too poor for reunification Filipino family take immigration authorities to court over refusal of children's resident status Filipino family fights for children's