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Appeal

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Appeal

If you have been notified with your decision by IPA staff and you do not agree with the decision of the IPA to grant you subsidiary protection status, to reject your application for international protection or to conclude that you are excluded from international protection, you have 15 calendar days (counting from the day on which the decision is notified to you) to submit an appeal to the International Protection Appeals Tribunal. During appeal proceedings you will have the possibility to explain, through written submissions why you disagree with the IPA’s decision and why you feel the decision should be changed. In exceptional situations, the International Protection Appeals Tribunal (IPAT) may also decide to grant you a hearing before the Tribunal.

During appeal proceedings you are entitled to free legal aid. This means that if you are not already being assisted by a lawyer, or you do not have sufficient means to pay for a private lawyer, you have the right to request a free legal aid lawyer who will assist you throughout the appeal process. The IPAT will guide you on how to request the services of a legal aid lawyer. The lawyer will listen to your story, gather the necessary information and file written submissions on your behalf indicating why the IPA’s decision should be overturned. 

You can only be represented by one lawyer at any point in time, so make sure that you do not request help from a legal aid lawyer and an NGO/private lawyer at the same time. If you submit an appeal, you are still considered to be an asylum seeker until the International Protection Appeals Tribunal takes a final decision on your application. This means that you will be issued with a document by the IPAT attesting to the fact that you are still an asylum seeker in Malta. 

Please note that the IPAT’s decision is final and not subject to any further appeals.

International Protection Appeals Tribunal

International Protection Appeals Tribunal