International Protection (Amendment) Regulations, 2021

L.N. 488 of 2021

INTERNATIONAL PROTECTION ACT

(CAP. 420)

Procedural Standards for Granting and Withdrawing

International Protection (Amendment) Regulations, 2021

IN EXERCISE of the powers conferred by article 25 of the

International Protection Act, the Minister for Home Affairs, National

Security and Law Enforcement has made the following regulations:-

(1) The title of these regulations is the Procedural Citation and

Standards for Granting and Withdrawing International Protection scope.

(Amendment) Regulations, 2021 and these regulations shall be read

and construed as one with the Procedural Standards for Granting and S.L. 420.07.

Withdrawing International Protection Regulations, hereinafter referred

to as "the principal regulations".

(2)

The scope of these regulations is to transpose

(a) Directive 2013/32/EU of the European Parliament

and of the Council of 26 June 2013 on common procedures for

granting and withdrawing international protection (recast);

(b) Directive 2011/95/EU of the European Parliament

and of the Council of 13 December 2011 on standards for the

qualification of third-country nationals or stateless persons as

beneficiaries of international protection, for a uniform status for

refugees or for persons eligible for subsidiary protection, and for

the content of the protection granted (recast); and

(c) Directive 2013/33/EU of the European Parliament

and of the Council of 26 June 2013 laying down standards for the

reception of applicants for international protection (recast).

Regulation 2 of the principal regulations shall be Substitutes

regulation 2 of

substituted by the following new regulation

the principal

regulations.

" Scope.

2. The scope of these regulations is to transpose

(a) Directive 2013/32/EU of the European

Parliament and of the Council of 26 June 2013 on

common procedures for granting and withdrawing

international protection (recast);

(b) Directive 2011/95/EU of the European

Parliament and of the Council of 13 December

2011 on standards for the qualification of third-

country nationals or stateless persons as

beneficiaries of international protection, for a

uniform status for refugees or for persons eligible

for subsidiary protection, and for the content of the

protection granted (recast);

(c) Directive 2013/33/EU of the European

Parliament and of the Council of 26 June 2013

laying down standards for the reception of

applicants for international protection (recast).".

Immediately after regulation 5 of the principal regulations,

there shall be added the following new regulation

(1) Where there are indications that third-

country nationals or stateless persons held in detention

facilities or present at border crossing points, including

transit zones, at external borders, may wish to make an

application for international protection, the relevant

authorities shall provide them with information on the

possibility to do so and shall make arrangements for

interpretation to the extent necessary to facilitate access

to the asylum procedure.

(2) Organisations and persons providing advice

and counselling to applicants shall have an effective

access to applicants present at border crossing points,

including transit zones, at external borders, subject to

rules as well an agreement covering the presence and

access of such organisations and persons in these

crossing points

Provided that limits on such access may be

imposed only where such limits are objectively

necessary for the security, public order or

administrative management of the crossing points

concerned, as long as access is not thereby severely

restricted or rendered impossible.".

4. Sub-regulation (2) of regulation 12 of the principal

regulations shall be substituted by the following new sub-regulation

"(2) A legal adviser assisting and representing an

applicant shall enjoy access to the information in the

applicant’s file, upon the basis of which a decision is or

will be made and as is liable to be examined by the

International Protection Appeals Tribunal insofar as the

information is relevant to the examination of the

application

Provided that the legal adviser shall also

enjoy access to information regarding the general

situation prevailing in the countries of origin of the

applicant and, where necessary, in countries through

which the applicant may have transited as well as other

information in relation to particular issues such as

medical, cultural, religious and child-related or gender

issues

Provided further that where disclosure of such

information would jeopardize national security, the

security of the organisations or persons providing

information or the security of the persons to whom the

information relates, or where the investigative interests

relating to the examination of applications for

international protection by the International Protection

Agency or the international relations of Malta would be

compromised, such access shall be precluded.".

5. Regulation 13 of the principal regulations shall be Substitutes

substituted by the following new regulation

"13. (1) When an applicant explicitly withdraws

his application, the International Protection Agency shall

decide either to discontinue the examination or reject the

application. A notice to such effect shall be entered in the

applicant’s file.

(2) When an applicant has implicitly withdrawn

or abandoned his application, the International Protection

Agency shall ensure that a decision is taken to either

discontinue the examination or, provided that such

application is deemed to be unfounded on the basis of an

adequate examination of its substance, to reject the

application.

(3) If the International Protection Agency decides

to discontinue the examination without taking a decision,

a notice to such effect shall be entered in the applicant’s

file

Provided that the International Protection

Agency may assume that the applicant has implicitly

withdrawn or abandoned his application for international

protection when it is ascertained that

(a) he has failed to provide information

essential to his application or has not appeared for a

personal

interview

unless

the

applicant

demonstrates, within a reasonable time, that his

failure was due to circumstances beyond his

control; or

(b) he has absconded or left without

authorisation the place where he lived or was held,

without contacting the competent authorities within

a reasonable time or he has not, within thirty (30)

days, complied with reporting duties or other

obligations to communicate, unless the applicant

demonstrates that this was due to circumstances

beyond his control.

(4) An applicant who reports again to the

International Protection Agency after a decision to

discontinue the examination, is entitled to request his

case to be re-opened or to make a new application which

shall not be a subsequent application. Such application

shall be made in writing stating the reasons supporting

such a request

Provided that when an applicant reports again

to the International Protection Agency after nine (9)

months of the decision to discontinue the examination,

then the applicant’s case can no longer be reopened and

the new application may be treated as a subsequent

application.

(5) In case the examination of the application has

been discontinued, the applicant’s case may be reopened

only once and the International Protection Agency may

decide to resume the examination at the stage where the

examination had been discontinued.

(6) Service of any document relating to the

asylum procedure shall be made by delivery to the

applicant for international protection either in person, or

via electronic mail, or by post to his last known address

Provided that when the applicant is assisted by

a legal advisor or representative, service of any document

relating to the asylum procedure can be made with his

legal advisor or representative.".

Immediately after regulation 13 of the principal regulations Adds new

regulation to the

there shall be added the following new regulation

principal

regulations.

"13A. The International Protection Agency may

decide that international protection shall lapse where

the beneficiary of international protection has

unequivocally renounced his protection or has become

a Maltese national. Unequivocal renunciation of

protection shall include inter alia

(a) a written statement by the beneficiary

confirming that he is renouncing his protection

status; or

(b) failure

to

renew

international

protection within a period of twelve (12) months

from the lapse of the validity of said protection or

its renewal

Provided that in case a beneficiary of

international protection who has unequivocally

renounced his protection subsequently makes a request

in person to the International Protection Agency to have

his international protection status reinstated, the

International Protection Agency shall review his

request to determine whether international protection

should once again be granted, provided that the person

concerned still meets the eligibility criteria and is not

excluded from international protection

Provided further that the same provisions

shall also apply to beneficiaries of Temporary

Humanitarian Protection.".

Sub-regulation (2) of regulation 17 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

"(2) For the purpose of this regulation, the relevant

authorities shall ensure that

(a) unaccompanied minors are informed

prior to the examination of their application for

international protection, and in a language they

understand or are reasonably supposed to

understand, of the possibility that their age may be

determined by medical examination. This shall

include information on the method of examination

and the possible consequences of the result of the

medical examination for the examination of the

application for international protection, as well as

the consequences of refusal on the part of the

unaccompanied minor to undergo the medical

examination which may include the rejection of the

application;

(b) unaccompanied minors and, or their

representatives consent to a medical examination

being carried out to determine the age of the minors

concerned;

(c) the decision to reject an application by

an unaccompanied minor who refused to undergo

this medical examination has not be based solely on

that refusal

Provided that an unaccompanied minor’s

refusal to undergo such a medical examination shall not

prevent the determining authority from taking a decision

on the application for international protection, and that

the best interests of the minor shall be a primary

consideration in any such decision.".

Paragraph (a) of sub-regulation (1) of regulation 18 of the

principal regulations shall be substituted by the following new

"(a) the unaccompanied minor shall be represented and

assisted by a representative, appointed by the Chief Executive

Officer of the Agency for the Welfare of Asylum Seekers, during

all the phases of the asylum procedure;".

Regulation 20 of the principal regulations shall be

substituted by the following new regulation

L-Aġenzija

għall-Protezzjoni

Internazzjonali tista’ tiddeċiedi li l-protezzjoni

internazzjonali għandha tiskadi meta l-benefiċjarju ta’

protezzjoni

internazzjonali

jkun

irrinunzja

inekwivokament għal protezzjoni tiegħu jew ikun sar

ċittadin Malti. Rinunzja inekwivoka għal protezzjoni

għandha tinkludi inter alia

(a) dikjarazzjoni

bil-miktub

mill-

benefiċjarju li tikkonferma li qed jirrinunzja

għall-istatus ta’ protezzjoni tiegħu; jew

(b) nuqqas ta’ tiġdid ta’ protezzjoni

internazzjonali f’perjodu ta’ tnax-il (12) xahar

minn meta tiskadi l-validità ta’ tali protezzjoni

jew it-tiġdid tagħha

Iżda f’każ li benefiċjarju ta’ protezzjoni

internazzjonali li jkun irrinunzja inekwivokament

għall-protezzjoni tiegħu sussegwentement jagħmel

personalment talba lill-Aġenzija għall-Protezzjoni

Internazzjonali biex jerġa’ jiddaħħal l-istatus ta’

protezzjoni internazzjonali tiegħu, l-Aġenzija għall-

Protezzjoni Internazzjonali għandha tirrevedi t-talba

tiegħu

biex

tiddetermina

jekk

il-protezzjoni

internazzjonali għandhiex terġa tingħata, sakemm il-

persuna kkonċernata għadha tissodisfa l-kriterji ta’

eliġibbiltà u ma tkunx eskluża mill-protezzjoni

internazzjonali

Iżda

wkoll

l-istess

dispożizzjonijiet

għandhom japplikaw ukoll għall-benefiċjarji tal-

Protezzjoni Umanitarja Temporanja.".

7. Is-subregolament (2) tar-regolament 17 tar-regolamenti Jemenda r-

regolament 17

prinċipali għandu jiġi sostitwit bis-subregolament ġdid li ġej

tar-regolamenti

prinċipali.

"(2) Għall-finijiet ta’ dan ir-regolament,

l-

awtoritajiet rilevanti għandhom jiżguraw li

(a) minuri

mhux

akkumpanjati

jiġu

mgħarrfa qabel l-eżami tal-applikazzjoni tagħhom

għal protezzjoni internazzjonali, u f’ilsien li huma

jifhmu jew li huma raġonevoment mistennija li

jifhmu, bil-possibilità li l-età tagħhom tista’ tiġi

stabbilita permezz ta’ eżami mediku. Dan għandu

jinkludi informazzjoni dwar il-metodu ta’ eżami u l-

konsegwenzi possibbli tar-riżultat tal-eżami mediku

għall-eżami tal-applikazzjoni għal protezzjoni

internazzjonali, kif ukoll bil-konsegwenzi ta’ rifjut

tal-minuri mhux akkumpanjati li jsirilhom eżami

mediku li fih tista’ tidħol iċ-ċaħda tal-

applikazzjoni;

(b) minuri mhux akkumpanjati u, jew ir-

rappreżentanti tagħhom jagħtu l-kunsens għat-

twettiq tal-eżami mediku sabiex tiġi stabbilita l-età

tal-minuri kkonċernati;

(ċ) id-deċiżjoni

li

tiġi

miċħuda

applikazzjoni minn minuri mhux akkumpanjat li

rrifjuta li jsirlu dan l-eżami mediku ma kinitx

ibbażata biss fuq dak ir-rifjut

Iżda r-rifjut ta’ minuri mhux akkumpanjat li

jsirlu tali eżami mediku ma għandux iwaqqaf lill-awtorità

li tiddeċiedi milli tieħu deċiżjoni dwar l-applikazzjoni

għal protezzjoni internazzjonali, u li l-aħjar interessi tal-

minuri għandhom ikunu konsiderazzjoni primarja f’kull

deċiżjoni bħal dik.".

8. Il-paragrafu (a) tas-subregolament (1) tar-regolament 18

tar-regolamenti prinċipali għandu jiġi sostitwit bil-paragrafu ġdid li

"(a) il-minuri mhux akkumpanjat għandu jkun

rappreżentat u assistit minn rappreżentant, maħtur mill-Uffiċjal

Kap Eżekuttiv tal-Aġenzija għall-Ħarsien ta’ Persuni li jkunu

qed ifittxu l-Asil, matul il-fażijiet kollha tal-proċedura tal-asil;".

9. Ir-regolament 20 tar-regolamenti prinċipali għandu jkun

sostitwit bir-regolament ġdid li ġej

(1) Notwithstanding the provisions of any

other law to the contrary, and notwithstanding any

deportation or removal order, a person declared to be a

beneficiary of international protection shall be entitled

(a) without prejudice to the provisions of

articles 9 and 10 of the Act, to remain in Malta

with freedom of movement, and to be granted, as

soon as possible, personal documents, including a

residence permit for a period of three (3) years,

which shall be renewable

Provided that a residence permit to be

granted to a family member may be valid for at

least three (3) years and shall be renewable;

(b) unless he is in custody awaiting

judicial proceedings for the commission of a

criminal offence, or is serving a term of

imprisonment, to be given a Convention Travel

Document in the case of a refugee and a Travel

Document in accordance with relevant provisions

of national law in the case of a beneficiary of

subsidiary protection, entitling him to leave and

return to Malta without the need of a visa;

(c) to have access to employment, social

welfare, integration programmes, appropriate

accommodation, State education and training and

to receive State medical care

Provided that access to employment, social

welfare, integration programmes, State education and

training and State medical care including treatment of

medical disorders shall be granted under the same

conditions as nationals

Provided further that the social welfare

benefits granted to beneficiaries of subsidiary

protection may be limited to core social welfare

benefits

Provided further that beneficiaries of

international protection shall have access to

accommodation under equivalent conditions as other

third-country nationals legally residing in Malta.

(2) (a) Family members of a person granted

refugee status, if they are in Malta at the time of the

decision or if they join him in Malta, enjoy the same

rights and benefits as the refugee so that family unity

may be maintained.

(b) Family members of a person granted

subsidiary protection, if they are in Malta at the time of

decision, enjoy the same rights and benefits as the

person enjoying subsidiary protection status so that

family unity may be maintained.

(3) Beneficiaries of international protection

who have special needs, such as pregnant women,

disabled people, persons who have undergone torture,

rape or other serious forms of psychological, physical

or sexual violence or minors who have been victims of

any form of abuse, neglect, exploitation, torture, cruel,

inhuman and degrading treatment or who have suffered

from armed conflict, shall be provided with adequate

health care including treatment of medical disorders.

(4) Beneficiaries of International Protection

shall be allowed freedom of movement within the

Maltese territory.

(5) Beneficiaries of temporary humanitarian

protection shall be entitled to the same rights and

benefits as for beneficiaries of subsidiary protection;

provided however that the duration of protection for

beneficiaries of temporary humanitarian protection

shall be of one (1) year and shall be renewable.

Documents issued to such persons shall have the same

period of validity as for their protection.".

10. Regulation 23 of the principal regulations shall be

renumbered as sub-regulation (1) and immediately thereafter

there shall be added the following new sub-regulation

"(2) For the purpose of these regulations, the

concept of safe country of origin can only be applied to

those countries which have been designated as safe

countries by the International Protection Agency and

included in the Schedule to the Act.".

€0.72