Issue link: https://maltatoday.uberflip.com/i/1307485
maltatoday | SUNDAY • 8 NOVEMBER 2020 15 COURTS and administrative tribunals must take into con- sideration all the documents it has before it when final- izing its decision. This was held by the Court of Appeal presided by Justice Lawrence Mintoff in Answar Ali and Ufficjal Principal ghall-Imi- grazzjoni u l-Bord tal-Appell dwar l-Imigrazzjoni. Ali appealed by decision de- livered by the Immigration Appeals Board wherein it re- jected an appeal he had lodged on the ground that he did not produce evidence showing that he was not a prohibited immigrant and that he could support himself. The facts surrounding this case starts in March of this year when Ali arrived to Mal- ta on a single permit based on employment. When he arrived, Malta had declared that there existed a state of emergency due to COVID-19. He came to Malta because his employer had applied for a work permit which was ap- proved in November 2019. In March 2020 there was a par- tial lock-down and Ali found himself in difficulty because his job opportunity did not bear any fruits because of COVID-19. He was unable to travel because a travel ban was in place. He was unable to transfer his work permit be- cause his first job was not reg- istered. When his Visa expired in July 2020, he went to Italy, but was sent back because the Italian authorities noticed his Visa was expired. The Immi- gration stopped an entry ban for 3 years because he was in the Schengen Zone illegally. Ali appealed on the ground that in the circumstances he found himself in, he did his utmost to regularize his po- sition. The Immigration Ap- peals Board referred Article 5 of the Immigration Act which prohibits entry into Malta if the Principal Immigration Of- ficer deems that person as not being justified to enter Malta. One of the grounds of appeals was that the Board did not take into consideration all the documents Ali had produced. The Board held that no ev- idence was produced that shows that Ali could support himself. Ali explained that he came to Malta to work legally but he was faced with bureau- cratic difficulties. He explained to the Board that he had found a second job but this could not have been registered because his first job was not registered. This fact was not considered by the Board. Ali also held that the 3 year ban was not proportionate to the situation he found himself. The Princi- pal Immigration Officer disa- greed since Ali's first employ- er withdrew the work permit application. If Ali wanted to re-apply he could have this was online but the first em- ployment was not registered and this is not the Board's fault. Mr Justice Mintoff, presiding over the Court of Appeal held that it is a cardinal rule in pro- cedural law that for a court to analyze the evidence he or she must take cognizance of all the evidence produced. The lower courts and administra- tive tribunals should decide their cases swiftly and there is no need in their decisions to give all the reasons. It is suffi- cient if the court or the tribu- nals give some of the reasons on how they reached their conclusions. In this particu- lar case the Board held that it based its conclusions on the records of Identity Malta, but there was no reference to doc- uments presented by Ali. This is certainly a point of law that allows the Court of Appeal to investigate. It has been proved that there were bureaucrat- ic problems because the first employer withdrew the work permit application once the restriction measures on COV- ID 19 kicked in. The Court asked why the Board took into consideration facts that could not have been found in the re- cords of Identity Malta and at the same time not make refer- ence to documents on the sec- ond employment Ali was giv- en. The circumstances that Ali found himself in should have been taken into considera- tion. As to whether the three- year ban was not proportion- ate, the Court of Appeal that this experience was traumat- ic, where Ali was arrested for a number of weeks and this was a deterrent enough. The Court agreed with the appel- lant that the three-year ban was not proportionate. The Court moved to uphold the appeal and revoked the Board's decision. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Courts must take into consideration all documents when deciding HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE QAWRA – Calling all developers this is an ideal development opportunity. 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Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT ADMINISTRATIVE SECRETARY - RVC is looking for an Administrative secretary. Responsibilities: reporting primarily to the Company Director, has excellent skills in office management, able to work on their own initiative, good team player, maintain executive's agenda, assisting in planning appoint- ments, board meetings, handle corre- spondence, monitor office supplies, sending quotations on time, following up job confirmation, payments, keep- ing track invoicing, preparing weekly timesheets for the employees, property management reports (reports for equip- ment and staff between the internal companies). Preference will be given to candidates with a minimum level 5 in Office Management and secretarial practice. Candidates are to send their CV to info@rvcltd.com.mt WAITER/WAITRESS - We require a waiter/waitress to work full time includ- ing Friday, Saturday & Sunday evenings and public holidays. Minimum wage. Kindly contact Asian Palace, St Julians on 27811888 or email: info@asianpal- acemalta.com CLEANER - we require a cleaner on a full-time basis. Duties to include clean- ing of plates, floors, toilets. Must be available on weekends and to work flex- ible hours. Minimum of 3 years' experi- ence and good communication skills is a must. Contact us on info@coxswain- scabin.com CLEANER - The Edge Take Away Ltd are seeking the services of a CLEANER, for immediate full-time employment in their Qormi outlet. The ideal candidate must have a smart, tidy appearance and must be very thorough in his/her work. Attention to detail is of utmost impor- tance. Experience in a similar working environment will be an asset. Duties include clearing tables after guests, sanitizing the premises, washing the floor of the restaurant, making sure that the cooking area is thoroughly clean and that hygienic standards are main- tained, washing of dishes and cutlery too if so required. Salary offered to the right applicants 800 Euro per month. Interested candidates are to send their cv to bartolostephen@hotmail.com by not later than Monday 9th November 2020 specifying 'Cleaner'. CONCRETE SHUTTERER - Danzah limited is looking to employ individ- uals, as Concrete Shutterer. The ideal candidate should be in possession of the appropriate qualifications or equiv- alent, in lieu of a minimum of 3 years experience as a Concrete Shutterer and steel fixer are a must. The Concrete Shutterer may also have to make neces- sary purchase orders, assist the foreman and team members and to ensure that he or she maintains constant quality standards. Remuneration package starts at €1000 gross monthly. Email a CV to infodanzah@gmail.com. DANZAH LIMITED - we are looking to employ individuals, as cleaners/help- ers. The ideal candidate should speak in English. This position may also have to make necessary purchases, from local shops and assist in the daily office routine. Remuneration package starts at €900 gross monthly. Email a CV to infodanzah@gmail.com IBESEEN MALTA Ltd – we have vacan- cies for waiters, cleaners and helpers in offices, hotels, hostels, guesthouses and other establishments and for con- struction labourers. Applicants must have minimum of one / two years' experience. Fluently speaking English and other languages. Hourly rate from Eur4.50 / Eur5.50. Interested applicants may send email to secretary@a-plus- plus.eu JUNIOR OFFICE CLERK - a vacancy has arisen at a shipping company locat- ed in Marsa. Following requirements are O Level standard passes, computer literate – Microsoft office, knowledge of Maltese and English languages. Ability to communicate and work on own initi- ative / 'hands-on' approach. Prospective candidates can send cv on email: David. debono@valfreight.com.mt or vvella@ valfreightmalta.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of entertainment and clean- ers. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt SPA THERAPIST - Required for a bou- tique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years' experience in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. WAITER/WAITRESS - We require a waiter/waitress to work part time on Friday, Saturday & Sunday evenings. Kindly contact Asian Palace, St Julians on 27811888 or email: info@asianpal- acemalta.com WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates