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MALTATODAY 28 August 2022

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7 NEWS maltatoday | SUNDAY • 28 AUGUST 2022 Order of Malta Na�o�al �rt �������o� The Maltese Associa�on of the Order of Malta, a registered Voluntary Organiza�on, No. 1885, shall be holding a 'Na�onal Art th th Exhibi�on' between the 24 March and the 6 April 2023 at St John's Cavalier, by kind permission of H.E. Prince Augusto Ruffo di Calabria, the Order's Ambassador to Malta. The exhibi�on shall feature both established and upcoming ar�sts. It is intended to be a show piece of Maltese art, featuring Malta's best ar�sts through their various preferred media, such as oil, pastel, water colours, ceramic, glass, stone, photography, bronze, metal work, and so on. All ar�sts living in Malta and Gozo are most welcome to par�cipate. Prospec�ve par�cipants shall inform the organizers by email at info@orderofmalta-malta.org.mt by no later than the 15th September 2022. The Terms and Condi�ons for inclusion shall then be no�fied by return email to all applicants, who shall confirm their commitment by no later than the 8th October 2022. All works shall be ve�ed for inclusion by an independent commi�ee made up of notable experts in their field, whose decision for inclusion shall be final. Accepted works must be delivered by no later than the 8th February 2023. An illustrated Catalogue of all exhibits, which will include a recent photo and CV of each ar�st, shall be printed for the occasion. THE SOVEREIGN MILITARY HOSPITALLER ORDER OF ST JOHN OF JERUSALEM, OF RHODES AND OF MALTA MALTESE ASSOCIATION __________ CASA LANFREDUCCI, 2, PJAZZA JEAN DE VALLETTE, VALLETTA VLT1104 – MALTA TEL: +356 2122 6919, +356 2124 6406 KARL AZZOPARDI A fight which broke out among Syrian co-nationals on the High Street in Ħamrun last week has reignited the debate over immi- gration in Malta. In an island now well populat- ed by high-skilled migrants as well as lower-skilled labour im- ported from outside the EU, the issue of foreigners in Malta was never part of the national debate during a summer with rare arriv- als of asylums seekers rescued at sea. But a number of MPs respond- ed to the social media chatter baying for blood, after a video of the fight in Ħamrun went viral, with two police officers from the constabulary clearly outnum- bered and unable to quell the full-scale brawl of some 10 men. Nationalist MP Adrian Delia was among the first to comment on the issue, calling out the the lack of police presence in the ar- eas of Ħamrun and Marsa. "Five years ago, I had visited the Mar- sa police station, and despite the endemic problems of the area it was closed," he said. "Since then, the situation has not only im- proved, but worsened." Earlier this week, interviewed on F Living, he also linked the perceived downturn in people's quality of life and purchasing power, to the global inflation crisis and the economic impact of a high migration rate to Mal- ta. "People used to live a decent life on €1,000 a month but now the population has increased by 100,000 in ten years and some have reduced the power of our salaries through precarious work and poor work conditions," he claimed. Delia's rhetoric on immigra- tion is not new, having made it one of his policy planks during the 2019 European elections as PN leader. But the PN's new- comer MP Darren Carabott was also on the bandwagon, saying Ħamrun had changed since his days as a young boy. "How can we expect people to shop from Strada Rjali, when apart from issues with generation which is killing businesses, there is also the issue of security?" Yet other MPs took it even fur- ther, calling for the deportation of all foreigners found break- ing the law. The PN's Gozitan MP Alex Borg said he expected the Maltese courts to deport all those involved in the fight, while party heavyweight and shadow home affairs minister Joe Giglio – a criminal defence lawyer – said "foreigners who break the law" should also be "removed". But legislation, specifically the Immigration Act, shows that Malta already has laws in place for foreigners to be returned to their country of origin in cases of certain illegalities. Article 14 of the Immigration Act allows for the deportation of prohibited migrants. A migrant becomes a prohibited migrant in a number of circumstances listed in Article 5(2) of the Im- migration Act, which include for example: non-compliance with the conditions under which per- mission to enter or a residence permit was granted, if a person is unable to show that they have the means of supporting them- selves or their dependants, and also in those circumstances if they are found guilty of an of- fence punishable with imprison- ment of over one year. Lawyer and Aditus Foundation assistant director Carla Camill- eri said there are a number of le- gal steps which are taken before an individual is deported. "Once a person is considered to be a prohibited migrant by the Prin- cipal Immigration Officer (PIO) then they are liable to return to their country of origin or habitu- al residence," she said. Once the PIO establishes that a person is a prohibited migrant, a return decision may be issued against that person, which once accompanied by a removal or- der, means the person can be detained pending their removal. If the person is subject to crim- inal proceedings or serving a sentence of imprisonment, then the minister responsible for im- migration, may give directions as to whether whole or part of the sentence is to be served be- fore the return from Malta – otherwise, that person can be removed only after serving the sentence. But any person issued with a return decision can appeal the decision in front of the Immigra- tion Appeals Board (IAB) with- in three days from the decision. And even the detention of a per- son subject to removal can also be challenged, although under very limited circumstances. Although pre-removal deten- tion is allowed, Malta is under an obligation to act with sufficient diligence in their efforts to de- port such persons without delay. Camilleri said there are specific crimes for which an individu- al can be deported. The White Slave Traffic Ordinance, which includes inducing persons to prostitution, living off the earn- ings of prostitution and keeping brothels, as well as the Danger- ous Drugs Ordinance, could all be used as reasoning for depor- tation. "Furthermore, a person can be deported if found guilty of a crime, other than involun- tary homicide or bodily harm, which is punishable with im- prisonment for a term of more than one year or in the case of a second crime, is punishable for a term of over three months," she said. Deportation also depends on the migrants' country of origin. "There have been situations where a country does not recog- nise that a particular individual is a national of that country. This could occur due to a number of factors, such as displacement post-conflict, discrimination against minority groups, state succession, gaps or conflicts in nationality laws, or policies to deny or strip people of national- ity," Camilleri said. Furthermore, the country of origin from where that person is could not be particularly co- operative, or Malta would not have strong diplomatic ties with it. This would render the recog- nition of citizens and the issuing of emergency travel documents problematic, if not impossible. "Malta cannot return refugees, even those who have committed crimes, if they will face torture, inhuman or degrading treat- ment upon return to their coun- try of origin," Camilleri said. Deportation: populist rhetoric drowned in inaccuracies Malta already has legislation in place for deportation, but politicians want it to seem as if it's otherwise

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