Reception of Asylum Seekers

L.N. 87 of 2024

INTERNATIONAL PROTECTION ACT

(CAP. 420)

Reception of Asylum Seekers

(Amendment) Regulations, 2024

IN EXERCISE of the powers conferred by article 25 of the

International Protection Act, the Minister responsible for immigration

has made the following regulations:-

The title of these regulations is the Reception of Asylum Citation.

Seekers (Amendment) Regulations, 2024 and these regulations shall

be read and construed as one with the Reception of Asylum Seekers S.L. 420.06.

Regulations, hereinafter referred to as the "principal regulations".

In the proviso to paragraph (f) of sub-regulation (1) of Amends

regulation 6 of the principal regulations, the words "due diligence." regulation

shall be substituted by the words "due diligence:" and immediately regulations.

after, there shall be added the following new proviso

"Provided further that delays in administrative

procedures that cannot be attributed to the applicant shall not

justify a continuation of detention.".

Immediately after regulation 6A of the principal Adds new

regulations there shall be added the following new regulation

" Detention of

(1) Where vulnerable persons are detained,

vulnerable

the competent authority shall ensure regular monitoring

persons.

and adequate support taking into account their particular

situation, including their health.

(2) Minors shall be detained only as a measure of

last resort and after it has been established that other less

coercive alternative measures cannot be applied

effectively

Provided that the said detention shall be for

the shortest period of time and all efforts shall be made to

release the detained minors and place them in

accommodation suitable for minors

Provided further that the minor’s best interests

shall be a primary consideration

Provided further that in case where minors are

detained, they shall have the possibility to engage in

leisure activities, including play and recreational

activities appropriate to their age.

(3) Unaccompanied minors shall be detained only

in exceptional circumstances, and all efforts shall be

made to release the detained unaccompanied minor as

soon as possible

Provided that, unaccompanied minors shall

never be detained in restrictive accommodation

Provided further that, as far as possible,

unaccompanied minors shall be provided with

accommodation in institutions provided with personnel

and facilities which take into account the needs of

persons their age

Provided further that where unaccompanied

minors are detained, the competent authority shall ensure

that the said minors are accommodated separately from

adults.

(4) Detained families shall be provided with

separate accommodation guaranteeing adequate privacy.

(5) Where female applicants are detained, it shall

be ensured that they are accommodated separately from

male applicants, unless the latter are family members and

all persons concerned consent to such an arrangement.".

4. Regulation 14 of the principal regulations shall be amended

as follows

(a) in the paragraph immediately following paragraph (a)

of sub-regulation (1) thereof, the word "lodged" shall be

substituted by the word "submitted"; and

(b)

sub-regulation (3) thereof shall be deleted.

€0.18