Removal and return order for ex-con confirmed on appeal
The Serbian national was ordered to leave the country after failing to do so voluntarily
The appeals court has confirmed a decision to remove an ex-convict from Malta, who served time for drug offences, and return him to his country of origin.
Jovan Todorovic, a Serbian national, filed an application before the agency’s Immigration Appeals Board (IAB) to contest a return decision, removal order and five-year entry ban after he was found to have breached provisions of the Immigration Act.
The board dismissed the appeal on the basis that Todorovic was in Malta without the necessary permits, failed to show that he could sustain himself and was in breach of the act.
The man had also been found guilty of an offence by the criminal courts for which he served an effective prison term.
Todorovic had been found guilty of drug charges, including being in possession of cannabis grass denoted not to be for personal use, as well as cultivation of 101 cannabis plants. The man was handed an effective prison term.
The man left Corradino Correctional Facility and was transferred to the detention centre in Safi due to his irregular immigration status. He applied for international protection but withdrew the application before the International Protection Appeals Tribunal in December 2024.
Two days later, the return decision and removal order were issued.
The return decision was issued on the basis that the man was deemed an irregular migrant in Malta, and the removal order issued because he did not leave the country voluntarily. The man was also deemed a threat to public order and security.
The man was given a five-year entry ban, with the authorities arguing the ban was proportionate to the crimes he had been found guilty of and necessary.
He appealed the return decision and removal order before the IAB, which dismissed the appeal.
He then sought recourse before the Court of Appeal in its inferior jurisdiction, raising a number of grievances.
The court rejected the arguments made and upheld the Board’s decision on the return decision and removal order.
Mr Justice Lawrence Mintoff presided.
Lawyer Nicholas Mifsud appeared for Jovan Todorovic.
Lawyer Miguel De Gabriele from the State Advocate’s Office appeared for the Principal Immigration Officer.