Recommendation not implemented: The University of Malta fails to assist in due time a third-country national in renewing his work permit.

In terms of Article 22(4) of the Ombudsman Act, the Ombudsman, Mr. Anthony C. Mifsud, and the Commissioner for Education, Chief Justice Emeritus Vincent A. De Gaetano, have sent to the House of Representatives the Final Opinion on a complaint lodged by a member of the academic staff of the University of Malta who alleged that the University had failed to assist him in due time in the renewal of his work permit.

Summary of the case

The complaint referred in substance to the failure and neglect by the University to assist a tenured and full-time academic at the University, who is a third-country national, to have his work permit renewed. The academic complained that notwithstanding several requests made by him to the University to be supplied with the necessary letter that he was still on the books of the University – a letter needed to regularise his position with Identity Malta and to be allowed to remain in Malta – such a letter was only provided after considerable delay. This resulted in financial loss to the complainant.

The Commissioner found that both in act and in omission, the University acted contrary to law, unjustly and oppressively in failing to assist in due time the complainant.

Outcome

The Final Opinion was communicated to the University of Malta together with a request, in terms of Article 22(3) of the Ombudsman Act, to indicate what action the University intended to take in line with the recommendation. Despite reminders sent, the University has not reacted.

Since the recommendation was not accepted by the University, the Ombudsman and the Commissioner, after seeking the intervention of the Prime Minister, sent the report to the House of Representatives for its attention.

Documents:

25.01.22 – Final Opinion

06.04.22 – Letter to Prime Minister

28.04.22 – Letter to Mr Speaker

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