Reception of Asylum Seekers Regulations, 2026

L.N. 198 of 2026

INTERNATIONAL PROTECTION ACT

(CAP. 420)

Reception of Asylum Seekers Regulations, 2026

IN EXERCISE of the powers conferred by article 25 of the

International Protection Act, the Minister responsible for immigration

has made the following regulations:-

(1) The title of these regulations is the Reception of

Asylum Seekers Regulations, 2026.

(2) The scope of these regulations is to transpose the

provisions of Directive (EU) 2024/1346 of the European Parliament

and of the Council of 14 May 2024 laying down standards for the

reception of applicants for international protection (recast).

Part I

Preliminary

In these regulations, unless the context otherwise requires

"absconding" means the action by which an applicant does

not remain available to the competent administrative or judicial

authorities, such as by leaving the territory of Malta without

permission from the competent authorities, for reasons which are

not beyond the applicant’s control;

"accommodation centre" means any place used for the

collective housing of applicants;

"Act" means the International Protection Act;

"Agency for the Welfare of Asylum Seekers" means the

Agency established by regulation 3 of the Agency for the

Welfare of Asylum Seekers Regulations;

"applicant" means a third-country national or stateless

person who has made an application for international protection

in respect of which a final decision has not yet been taken;

"applicant with special reception needs" means an applicant

requiring special conditions or guarantees in order to benefit

from the rights and comply with the obligations provided for in

these regulations;

"application for international protection" means a request

for protection made to Malta by a third-country national or a

stateless person who can be understood to be seeking refugee

status or subsidiary protection status;

"Charter of Fundamental Rights" means the Charter of

Fundamental Rights of the European Union;

"daily expenses allowance" means an allowance provided

periodically to applicants to enable them to enjoy a minimum

degree of autonomy in their daily lives, whether provided as a

monetary amount, in vouchers, as benefits in kind, or as a

combination thereof, provided that such allowance includes a

monetary amount;

"detention" means the confinement of an applicant in a

particular place in Malta in accordance with these regulations,

where the applicant is deprived of his freedom of movement;

"Detention Services Agency" means the Agency

established by article 3 of the Detention Service (Establishment) S.L. 595.45.

Order;

"family members" means, insofar as the family already

existed before the applicant arrived in the territory of Malta, the

following members of the applicant’s family who are present in

the territory of Malta during the procedure for international

protection

(a) the spouse of the applicant or his or her

unmarried partner in a civil union or union of equivalent

status in accordance with the Civil Unions Act;

(b) the minor children or dependent adult children

of the couples referred to in paragraph (a), or of the

applicant, provided that they are unmarried and regardless

of whether they were born in or out of wedlock or were

adopted as provided in article 113 of the Civil Code;

(c) the father, mother or other adult responsible for

the applicant, including an adult sibling, where the

applicant is a minor and unmarried

Provided that for the purposes of paragraphs (b) and

(c), a minor is considered unmarried provided that, on the basis

of an individual assessment, the minor’s marriage would not be

in accordance with articles 3, 4, 5 and 6 of the Marriage Act, Cap. 255.

having regard, in particular, to the legal age of marriage;

"Identità" means the Agency established by article 3 of the

Identity Malta Agency (Establishment) Order;

"International Protection Agency" means the Agency

established by article 3 of the International Protection Agency

(Establishment) Order;

"Jobsplus" shall have the same meaning as assigned to it in

article 2 of the Employment and Training Services Act;

"material reception conditions" means reception conditions

that include housing, food, clothing and personal hygiene

products, provided in kind, as financial allowances, in vouchers,

or as a combination thereof, as well as daily expenses allowance;

"minor" means a third-country national or stateless person

below the age of eighteen (18) years;

"Principal Immigration Officer" shall have the same

meaning as assigned to it in the Immigration Act;

"reception conditions" means the full set of measures that

Malta grants to applicants in accordance with these regulations;

"Regulation (EU) 2024/1348" means Regulation (EU)

2024/1348 of the European Parliament and of the Council of 14

May 2024 establishing a common procedure for international

protection in the Union and repealing Directive 2013/32/

EU;"representative" means a natural person or an organisation,

including a public authority, appointed by the competent

authorities, with the necessary skills and expertise, including in

relation to the treatment of and specific needs of minors, to

represent, assist and act on behalf of an unaccompanied minor, as

appropriate, in order to safeguard the best interests and general

well-being of such minor, and to enable the said minor may

benefit from the rights and comply with the obligations provided

for in these regulations;

"risk of absconding" means the existence of specific

reasons and circumstances in an individual case, which are based

on objective criteria as provided in regulation 2 of the Common

Standards and Procedures for returning Illegally Staying Third-

Country Nationals Regulations;

"unaccompanied minor" means a minor who arrives in the

territory of Malta unaccompanied by an adult responsible for

him, and for as long as that minor is not effectively taken into the

care of such an adult, including a minor who is left

unaccompanied after he has entered the territory of Malta;

"UNHCR" means the Office of the United Nations High

Commissioner for Refugees established by the United Nations

General Assembly;

"United Nations High Commissioner for Refugees" means

the High Commissioner of the United Nations responsible for

refugees as established by the United Nations General Assembly.

(1)

These regulations shall apply to

Applicability.

(a) all third country nationals and stateless persons who

make an application for international protection in the territory

of Malta, including at the external border, in the territorial sea or

in transit zones of Malta, provided that such third-country

nationals and stateless persons are allowed to remain in the

territory as applicants;

(b) family members of an applicant provided that such

family members are covered by such an application for

international protection in accordance with the Act or any

subsidiary legislation made thereunder.

(2) These regulations shall not apply to requests for diplomatic

or territorial asylum made to representations of Malta.

Part II

General provisions on reception conditions

(1) The Detention Services Agency and the Agency for Information.

the Welfare of Asylum Seekers, as applicable, shall provide applicants

with information relating to the reception conditions established in

these regulations, including information specific to their reception

systems, as soon as possible and in good time, in order to effectively

enable applicants to benefit from the rights and comply with the

obligations provided for in these regulations.

(2) Applicants shall be provided with standard information

relating to reception conditions established in these regulations. Such

information shall be provided as soon as possible and not later than

three (3) days from when the application was made or within the time-

frame for its registration which shall in any case shall not be less than

five (5) days from when the application was made.

(3) The Detention Services Agency and the Agency for the

Welfare of Asylum Seekers shall ensure that applicants are provided

with information on organisations or groups of persons that provide

specific legal assistance and representation, including information on

organisations or groups of persons that provide legal assistance and

representation free of charge, and organisations that might be able to

assist or inform them about the available reception conditions,

including health care.

(4) The Detention Services Agency and the Agency for the

Welfare of Asylum Seekers shall ensure that the information referred

to in sub-regulation (1) is provided in writing in a concise, transparent,

intelligible and easily accessible form, using clear and plain language

and in a language that the applicant understands or is reasonably

supposed to understand. Where necessary, the said information shall

also be provided orally or, where appropriate, in a visual form such as

by using videos or pictograms, and shall be adapted to the applicant’s

needs

Provided that unaccompanied minors shall be provided

with the information referred to in sub-regulation (1) in an age-

appropriate manner and in a manner that ensures that the

unaccompanied minor understands it, by using information materials

specifically adapted to minors, where appropriate. The said

information shall be provided in the presence of the representative of

the unaccompanied minor or of the person suitable to provisionally act

as a representative until the representative is appointed

Provided further that in exceptional cases, information

referred to in sub-regulation (1) may be provided to the applicant by

means of an oral translation, or where appropriate in a visual form

such as videos or pictograms, where

(a) such information may not be provided in writing

within the time limit stipulated in sub-regulation (2) due to the

fact that the language that an applicant understands or is

reasonably supposed to understand is a rare language; and

(b) that the applicant subsequently confirms that he

understands the information provided

Provided further that in cases where a translation is

required, the competent authority shall as soon as possible obtain a

translation of the information referred to in sub-regulation (1) in

writing and provide it to the applicant.

(1) The International Protection Agency shall ensure that

the applicant is provided with the document referred to in Article 8 of

Regulation (EU) 2024/1348 of the European Parliament and of the

Council of 14 May 2024 establishing a common procedure for

international protection in the Union and repealing Directive 2013/32/

EU.

(2) The Detention Services Agency and the Agency for the

Welfare of Asylum Seekers, as applicable, shall not require applicants,

for the sole reason that they are applicants for international protection

or on the sole basis of their nationality, to provide unnecessary or a

disproportionate amount of documentation or impose other

administrative requirements on applicants before granting them the

rights to which they are entitled under these regulations.

(3) Identità may provide applicants with a travel document

only when serious humanitarian reasons or other imperative reasons

arise that require their presence in another Member State. The validity

of the travel document shall be limited to the purpose and duration

necessary for the reason for which it is issued.

(1)

Applicants may move freely within the territory of Organisation of

reception

Malta.

systems.

(2) When allocating or re-allocating applicants to

accommodation, the Agency for the Welfare of Asylum Seekers shall

take into account objective factors, including family unity as referred

to Regulation (EU) 2024/1348 of the European Parliament and of the

Council of 14 May 2024 establishing a common procedure for

international protection in the Union and repealing Directive 2013/32/

EU and applicants’ special reception needs

Provided that the provision of material reception conditions

may be made subject to the actual residence by the applicants in the

accommodation allocated in accordance with this sub-regulation.

(3) Applicants shall be required to provide to the International

Protection Agency their current address, a telephone number where

they may be reached and, if available, an electronic mail address.

Applicants shall also be required to notify the International Protection

Agency of any change of address, telephone number or electronic mail

address as soon as possible.

(1) The Principal Immigration Officer, may where Restrictions on

necessary, decide that the applicant shall be allowed to reside only in a freedom

movement.

specific place that is adapted for housing applicants, for reasons of

public order or to effectively prevent the applicant from absconding,

where there is a risk of absconding, in particular with regard to

(a) applicants who are required to be present in another

Member State in accordance with Regulation (EU) 2024/1351 of

the European Parliament and of the Council of 14 May 2024 on

asylum and migration management, amending Regulations (EU)

2021/1147 and (EU) 2021/1060 and repealing Regulation (EU)

No 604/2013; or

(b) applicants who have been transferred to Malta in

accordance with Regulation (EU) 2024/1351 of the European

Parliament and of the Council of 14 May 2024 on asylum and

migration management, amending Regulations (EU) 2021/1147

and (EU) 2021/1060 and repealing Regulation (EU) No 604/

2013 after having absconded to another Member State

Provided that where an applicant has been allowed to

reside only in a specific place in accordance with this sub-

regulation, the provision of material reception conditions shall

be subject to the actual residence by the applicant in such

specific place.

(2) Applicants may be required to report to the Principal

Immigration Officer at specified times or at reasonable intervals,

provided that their rights under these regulations are not affected

disproportionately.

(3) Such reporting requirements may be imposed to ensure

compliance with the decisions referred to in sub-regulation (1) or to

effectively prevent applicants from absconding.

(4) Upon the request of the applicant, the Principal

Immigration Officer may grant the applicant permission to reside

temporarily outside the place designated in accordance with sub-

regulation (1). Decisions regarding such permission shall be taken

objectively and impartially on the merits of the individual case and

reasons shall be given where such permission is not granted

Provided that the applicant shall not be required to request

permission to attend appointments with authorities or courts where his

attendance is necessary. The applicant shall notify the Principal

Immigration Officer of such appointments.

(5) Decisions taken in accordance with sub-regulations (1) and

(2) shall be proportionate and shall take into account relevant aspects

of the individual situation of the applicant, including the specific

reception needs of the applicant.

(6) The Principal Immigration Officer shall state reasons in

fact and, where relevant, in law for any decision taken in accordance

with sub-regulations (1) and (2) in that decision.

(7) Applicants shall be informed in writing of such a decision,

as well as of the procedures for challenging the decision in accordance

with regulation 27 and of the consequences of non-compliance with

the obligations imposed by the decision.

(8) Applicants shall be provided with such information in a

language that they understand or are reasonably supposed to

understand and in a concise, transparent, intelligible and easily

accessible form, using clear and plain language.

(9) All decisions taken by the Principal Immigration Officer in

accordance with this regulation shall be reviewed ex officio by the

Immigration Appeals Board where such decisions have been in force

for more than two (2) months.

(1) The Principal Immigration Officer shall not hold a Detention.

person in detention for the sole reason that such person is an applicant

or on the basis of the nationality of the applicant. The detention shall

be based only on one or more of the grounds for detention established

in sub-regulation (3). The detention shall not be punitive in nature

Provided that where necessary and on the basis of an

individual assessment of each case, the Principal Immigration Officer

may detain an applicant, if other less coercive alternative measures

cannot be applied effectively.

(2) When detaining an applicant, account shall be taken of any

visible signs, statements or behaviour indicating that the applicant has

special reception needs

Provided that where the assessment provided for in

regulation 23 has not yet been completed, it shall be completed

without undue delay and its results shall be taken into account when

deciding whether to continue detention or whether the detention

conditions need to be adjusted.

(3) An applicant may be detained only on the basis of one or

more of the following grounds

(a)

to determine or verify his identity or nationality;

(b) to determine the elements on which the application

for international protection is based which could not be obtained

in the absence of detention, in particular where there is a risk of

absconding;

(c) to ensure compliance with legal obligations imposed

on the applicant through an individual decision in accordance

with regulation 7(1) in cases where the applicant has not

complied with such obligations and there continues to be a risk

of absconding;

(d) to decide in the context of a border procedure in

accordance with Regulation (EU) 2024/1348 of the European

Parliament and of the Council of 14 May 2024 establishing a

common procedure for international protection in the Union and

repealing Directive 2013/32/EU on the applicant’s right to enter

the territory;

(e) when the applicant is detained subject to a return

procedure under the Common Standards and Procedures for

returning Illegally Staying Third-Country Nationals Regulations

in order to prepare the return, or carry out the removal process,

and it may be demonstrated, on the basis of objective criteria,

including that the applicant already had the opportunity to access

the procedure for international protection, that there are

reasonable grounds to believe that the applicant is making the

application for international protection merely to delay or

frustrate the enforcement of the return decision;

(f) when protection of national security or public order

so requires; or

(g) in accordance with Regulation (EU) 2024/1351 of the

European Parliament and of the Council of 14 May 2024 on

asylum and migration management, amending Regulations (EU)

2021/1147 and (EU) 2021/1060 and repealing Regulation (EU)

No 604/2013.

(1) An applicant shall be detained only for as short a

period as possible, which period shall not exceed the period of nine (9)

months and shall be kept in detention only for as long as the grounds

established in regulation 8 are applicable.

(2) Administrative procedures relevant to the grounds for

detention established in regulation 8 shall be executed with due

diligence. Delays in administrative procedures that cannot be

attributed to the applicant shall not justify a continuation of detention.

(3) The detention of applicants shall be ordered in writing by

the Principal Immigration Officer.

(4) The detention order shall state the reasons in fact and in law

on which it is based as well as why less coercive alternative measures

cannot be applied effectively.

(5) Detention orders by the Principal Immigration Officer shall

be subject to a speedy judicial review of the lawfulness of detention,

which shall be conducted ex officio by the Immigration Appeals

Board. Such review shall be concluded as speedily as possible, taking

into account the circumstances of each case and, in any case not later

than fifteen (15) days or, in exceptional situations, not later than

twenty-one (21) days from the beginning of detention

Provided that where the judicial review referred to in this

sub-regulation has not been concluded within twenty-one (21) days

from the beginning of detention, the applicant concerned shall be

released immediately.

(6) Detained applicants shall immediately be informed in

writing, in a language that they understand or are reasonably supposed

to understand, of the reasons for detention and any national procedures

for challenging the detention order, as well as of the possibility to

request free legal assistance and representation.

(7) Detention shall be reviewed by the Immigration Appeals

Board every two (2) months, ex officio, in particular whenever it is of a

prolonged duration, relevant circumstances arise or new information

becomes available which may affect the lawfulness of detention

Provided that without prejudice to this sub-regulation, the

detention of unaccompanied minors shall be reviewed ex officio at

regular intervals

Provided further that where as a result of the judicial

review, detention is held to be unlawful, the applicant concerned shall

be released immediately.

(8) In the event of judicial review of the detention order

provided for in sub-regulation (7), applicants shall have access to free

legal assistance and representation under the conditions established in

regulation 27.

(1) Detention of applicants shall take place, as a rule, in Conditions of

specialised detention facilities. Where the Detention Services Agency detention.

cannot provide accommodation in a specialised detention facility and

is obliged to resort to prison accommodation, the detained applicant

shall be kept separately from ordinary prisoners and the detention

conditions provided for in these regulations shall apply

Provided that as far as possible, detained applicants shall be

kept separately from other third-country nationals who have not filed

an application for international protection

Provided further that where applicants cannot be detained

separately from other third-country nationals, the detention conditions

provided for in these regulations shall apply.

(2)

Detained applicants shall have access to open-air spaces.

(3) Persons representing the United Nations High

Commissioner for Refugees (UNHCR) shall have the possibility to

communicate with and visit applicants in conditions that respect

privacy

Provided that such provision shall also apply to an

organisation registered in Malta on behalf of UNHCR pursuant to an

agreement with the Ministry responsible for migration.

(4) Family members, legal advisers or counsellors and persons

representing non-governmental organisations registered in Malta shall

have the possibility to communicate with and visit applicants in

conditions that respect privacy

Provided that limits on access to the detention facility shall

be imposed only where they are objectively necessary for security,

public order or the administrative management of the detention facility

in accordance with regulation 30 of the Detention Service Regulations,

provided that access is not thereby severely restricted or rendered

impossible.

(5) Applicants in detention shall be systematically provided

with information which explains the rules applicable in the detention

facility and establishes the rights and obligations of such applicants, in

a language which they understand or are reasonably supposed to

understand

Provided that in the event that an applicant is detained at a

border post or in a transit zone, the obligation to provide information

shall be derogated from in duly justified cases and for a reasonable

period of time which shall be as short as possible. This derogation

shall not apply in cases referred to in Article 43 of Regulation (EU)

2024/1348.

(1) The health, including the mental health, of applicants

in detention with special reception needs shall be of primary concern

Provided that where the detention of applicants with special

reception needs would put their physical and mental health at serious

risk, those applicants shall not be detained

Provided further that where applicants with special

reception needs are detained, the Detention Services Agency and the

Agency for the Welfare of Asylum Seekers shall ensure regular

monitoring of, and the provision of timely and adequate support to

those applicants, taking into account their particular situation,

including their physical and mental health.

(2)

Minors shall, as a rule, not be detained.

(3) Minors shall be placed in suitable accommodation in

accordance with regulations 24 and 25

Provided that adequate alternatives to detention shall, as a

rule, be used for families with minors in accordance with the principle

of family unity. Such families shall be placed in accommodation

suitable for them.

(4) In exceptional circumstances, as a measure of last resort

and after it has been established that other less coercive alternative

measures cannot be applied effectively, and after detention is assessed

to be in their best interests in accordance with regulation 24, minors

may be detained

(a) in the case of accompanied minors, where the minor’s

parent or primary care-giver is detained; or

(b) in the case of unaccompanied minors, where

detention safeguards the minor.

(5) Detention of minors shall be for the shortest possible period

of time. Minors shall never be detained in prison or another facility

used for law enforcement purposes.

(6) All efforts shall be made to release minors from detention

and place them in accommodation suitable for minors.

(7) The best interests of the minor, as referred to in regulation

24, shall be a primary consideration.

(8) Where minors are detained, they shall have the right to

education in accordance with regulation 14, unless the provision of

education is of limited value to them due to the very short period of

their detention. Those minors shall also have the possibility to engage

in leisure activities, including play and recreational activities

appropriate to their age.

(9) Where unaccompanied minors are detained, they shall be

accommodated in facilities adapted to the accommodation of

unaccompanied minors. Such facilities shall be provided with staff

qualified to safeguard the rights of unaccompanied minors and attend

to their needs.

(10) Where unaccompanied minors are detained, such minors

shall be accommodated separately from adults.

(11) Detained families shall be provided with separate

accommodation that guarantees adequate privacy.

(12) Detained families with minors shall be accommodated in

detention facilities adapted to the needs of minors.

(13) Detained male and female applicants shall be

accommodated separately, unless those detained applicants are family

members and all individuals concerned consent to be accommodated

together

Provided that male and female applicants may share

common spaces designed for recreational or social activities, including

the provision of meals.

(14) Where the applicant is detained at a border post or in a

transit zone, with the exception of the cases referred to in Article 43 of

Regulation (EU) 2024/1348 the Detention Services Agency may

derogate from sub-regulations (9), (11), (12) and (13), in duly justified

cases and for a reasonable period of time, that shall be as short as

possible

Provided that the Detention Services Agency shall have

sufficient facilities and resources in place to ensure that these

derogations are applied only in exceptional situations. When applying

these derogations the European Commission and the European Union

Agency for Asylum shall be informed accordingly.

When providing applicants with accommodation, the

Agency for the Welfare of Asylum Seekers shall take appropriate

measures to maintain, as far as possible, family unity present within

Maltese territory. Such measures shall be implemented with the

applicant’s consent.

The health authorities may require medical screening for

applicants on public health grounds in accordance with the Public

Health Act.

(1) Minor children of applicants and applicants who are

minors shall be granted the same access to education as Maltese

nationals and under similar conditions for so long as an expulsion

measure against such minors or their parents is not actually enforced.

(2) The specific needs of minors, in particular with regard to

respect for the child’s right to education and access to health care shall

be taken into account.

(3) The education of minors shall, as a rule, be integrated with

that of Maltese nationals and be of the same quality

Provided that all efforts shall be made to ensure the

continuity of education of minors for as long as an expulsion measure

against them or their parents is not actually enforced.

(4) Secondary education shall not be withdrawn for the sole

reason that the minor has reached the age of majority.

(5) Minors referred to in sub-regulation (1) shall be granted

access to the general education system as soon as possible and the

Ministry responsible for Education shall not postpone the granting of

that access for more than two (2) months from the date on which the

application for international protection was lodged taking into account

school holidays

Provided that education outside the general education

system may be provided as a temporary measure and for a maximum

period of one (1) month

Provided further that preparatory classes, including

language classes, shall be provided to minors where it is necessary to

facilitate their access to and participation in the general education

system.

(6) Where access to the general education system is not

possible due to the specific situation of the minor including inability to

communicate in the Maltese or English language, education

arrangements shall be provided in accordance with relevant national

provisions and programmes offered by the Ministry responsible for

Education.

(1) Applicants shall have access to the labour market not Employment.

later than six (6) months from the date on which the application for

international protection was registered provided that an administrative

decision by the International Protection Agency has not been taken and

the delay cannot be attributed to the applicant, provided that the person

concerned is still an applicant

Provided that applicants whose application for international

protection has been accelerated on the merits in accordance with

Article 42 of Regulation (EU) 2024/1348 shall not have access to the

labour market or, if already granted, such access shall be withdrawn.

(2) Applicants who have access to the labour market in

accordance with sub-regulation (1), shall have effective access to the

labour market in accordance with relevant national provisions

Provided that for reasons of labour market policies,

including regarding youth unemployment levels, Jobsplus may verify

whether a specific vacancy that an employer is considering to fill with

an applicant who has access to the labour market in accordance with

sub-regulation (1) could be filled by Maltese nationals, by other

European Union citizens, or by third-country nationals and stateless

persons lawfully residing in Malta. If Jobsplus finds that the specific

vacancy may be filled by such persons, such authority or the employer

may refuse the employment of the applicant for such vacancy.

(3) Applicants who have access to the labour market in

accordance with sub-regulation (1), shall enjoy equal treatment with

Maltese nationals as regards

(a) terms of employment, the minimum working age and

working conditions, including pay and dismissal, working hours,

leave and holidays, as well as health and safety requirements at

the workplace;

(b) freedom of association and affiliation and

membership of an organisation representing workers or

employers or any organisation whose members are engaged in a

specific occupation, including the benefits conferred by such

organisations;

(c) education and vocational training, including training

courses for improving skills, practical workplace experience and

employment guidance services;

(d) recognition of diplomas, certificates and other

evidence of formal qualifications in the context of existing

procedures for recognition of foreign qualifications; and

(e) access to appropriate schemes for the assessment,

validation and recognition of applicants’ prior learning outcomes

and experience.

(4) Equal treatment of applicants who have access to the labour

market shall be restricted in accordance with sub-regulation (1)

(a) as regards sub-regulation (3)(b), by excluding them

from taking part in the management of bodies governed by

public law and from holding an office governed by public law;

(b)

as regards sub-regulation (3)(c), by excluding

(i) grants and loans related to education and

vocational training and the payment of fees in accordance

with national provisions regarding access to university or

post-secondary education; and

(ii) education and vocational training which is not

provided within the framework of an existing employment

contract, including where provided for employment

promotion purposes;

(c) as regards sub-regulations (3)(d) or (3)(e), by not

granting equal treatment for at least three (3) months from the

date on which the application for international protection was

registered.

(5) Applicants who are employed or, based on previous

employment, are entitled to social security benefits, shall enjoy equal

treatment with Maltese nationals as regards branches of social security

referred to in Articles 3(1) and (2) of Regulation (EC) No 883/2004 of

the European Parliament and of the Council of 29 April 2004 on the

coordination of social security system.

(6) Without prejudice to the provisions of the Social Security Cap. 318.

Act and relevant subsidiary legislation, equal treatment under sub-

regulation (5) shall be restricted by excluding social security benefits

which are not dependent on periods of employment or on

contributions.

(7) The right to equal treatment pursuant to these regulations

shall not give rise to a right to reside in cases where a decision taken in

accordance with Regulation (EU) 2024/1348 has terminated the

applicant’s right to remain.

(8) For the purposes of sub-regulation (3)(d), and without

prejudice to regulations 3 and 4 of the Recognition of Professional S.L. 451.03.

Qualifications Regulations, the Malta Qualifications Recognition

Information Centre (MQRIC) shall facilitate to the extent possible, full

access to existing procedures for the recognition of foreign

qualifications for applicants who cannot provide documentary

evidence of their qualifications.

(9) Access to the labour market shall not be withdrawn during

an appeal procedure where the applicant has the right to remain on

Maltese territory during that procedure and until a negative decision

regarding the appeal is served.

Applicants shall have access to language courses, civic

education courses or vocational training courses that are appropriate in

order to help enhance applicants’ ability to act autonomously, to

interact with competent authorities or to find employment or to

facilitate access to such courses, irrespective of whether applicants

have access to the labour market in accordance with regulation 15

Provided that where applicants have sufficient means,

applicants may be required to cover or contribute to the cost of courses

referred to in this regulation.

(1) Material reception conditions shall be available to

applicants from the moment that they apply for international protection

in accordance with Regulation (EU) 2024/1348 of the European

Parliament and of the Council of 14 May 2024 establishing a common

procedure for international protection in the Union and repealing

Directive 2013/32/EU.

(2) Material reception conditions and health care received in

accordance with regulation 20 shall provide an adequate standard of

living for applicants, which guarantees their subsistence, protects their

physical and mental health and respects their rights under the Charter

of Fundamental Rights.

(3) The adequate standard of living referred to in sub-

regulation (2) shall meet the specific situation of the applicants with

special reception needs as well as in relation to the situation of persons

who are in detention.

(4) Material reception conditions shall be granted subject to the

condition that applicants do not have sufficient means to have the

adequate standard of living referred to in sub-regulation (2).

(5) Without prejudice to sub-regulation (2), applicants may be

required to cover or contribute to the cost of the material reception

conditions when such applicants have sufficient means to do so.

(6) Without prejudice to sub-regulation (2), applicants may be

required to cover or contribute to the cost of the health care received,

when such applicants have sufficient means to do so, except where the

health care is provided free of charge to Maltese nationals.

(7) If it transpires that an applicant had sufficient means to

cover the costs of the material reception conditions or health care

received in accordance with sub-regulations (5) and (6), at the time the

applicant was provided with an adequate standard of living, such

applicant may be required to refund the costs of those material

reception conditions or health care.

(8) The principle of proportionality shall be respected when

assessing the resources of an applicant, when requiring an applicant to

cover or contribute to the cost of the material reception conditions and

of the health care received or when requiring an applicant to refund

costs in accordance with sub-regulation (7). The individual

circumstances of the applicant and the necessity to respect his dignity

or personal integrity, including the applicant’s special reception needs

shall be taken into consideration.

(9) When material reception conditions are provided in the

form of financial allowances or vouchers, the amount thereof shall be

determined administratively by the Agency for the Welfare of Asylum

Seekers. This information shall be communicated to the European

Commission and the European Union Agency for Asylum.

(1) Accommodation in kind shall be provided by the Arrangements

Agency for the Welfare of Asylum Seekers at reception centres, which for

reception

accommodation shall provide the applicant with an adequate standard conditions.

of living as well as necessary support to account for the applicant’s

special reception needs.

(2) Without prejudice to any specific conditions of detention as

provided for in these regulations, applicants shall

(a)

be guaranteed protection of their family life;

(b) have the possibility of communicating with relatives,

legal advisers or counsellors, persons representing UNHCR and

other relevant national, international and non-governmental

organisations and bodies.

(3) Family members, legal advisers or counsellors, persons

representing UNHCR and relevant non-governmental organisations

recognised by Malta, shall be granted access to both detention and

open centres in order to assist the applicants

Provided that limits on such access may be imposed only

on grounds relating to the security of the premises and of the

applicants

Provided further that when granting material reception

conditions, consideration shall be taken of gender and age-specific

concerns and the situation of applicants with special reception needs

Provided further that when providing accommodation in

accordance with sub-regulation (1), appropriate measures shall be

taken in order to ensure, as far as possible, the prevention of assault

and violence, including violence committed with a sexual, gender,

racist or religious motive.

(4) When female applicants are placed in accommodation

centres, they shall be provided with separate sanitary facilities and a

safe place for them and their minor children.

(5) Dependent adult applicants with special reception needs

shall, as far as possible, be accommodated together with close adult

relatives who are already present in Malta and who are responsible for

them whether in accordance with national law or practice.

(6) Transfers of applicants from one accommodation facility to

another shall only take place when necessary. Applicants shall be

allowed to inform their legal advisers or counsellors of the transfer and

of their new address.

(7) Persons providing material reception conditions, including

those providing health care and education in accommodation centres,

shall be adequately trained and shall be bound by the confidentiality

rules in relation to any information they obtain in the course of their

work.

(8) In duly justified cases and for a reasonable period of time

which shall be as short as possible, the Detention Services Agency and

the Agency for the Welfare of Asylum Seekers may exceptionally

provide material reception conditions that are different from those

provided for in this regulation where

(a) an assessment of special reception needs of the

applicant is required in accordance with regulation 11;

(b) accommodation capacities normally available are

temporarily exhausted or, where due to a disproportionate

number of persons to be accommodated or a natural or man-

made disaster, accommodation capacities normally available are

temporarily unavailable.

(9) Different material reception conditions referred to in sub-

regulation (8) shall in any event ensure access to health care in

accordance with regulation 20 and a standard of living for all

applicants in accordance with Union law, including the Charter of

Fundamental Rights and international obligations.

(10) When different material reception conditions are provided

in accordance with sub-regulation (8), the competent authorities shall

inform without delay the European Commission and the European

Union Agency for Asylum in accordance with regulation 17 on the

activation of its contingency plan. The competent authorities shall also

inform the Commission and the European Union Agency for Asylum

as soon as the reasons for providing different material reception

conditions have ceased to exist.

Applicants shall not be entitled to the reception conditions Reception

established in regulations 15 to 18 from the moment such applicants conditions

Malta is not the

have been notified of a decision to transfer them to the Member State Member

which the

responsible in accordance with Regulation (EU) 2024/1351 of the applicant is

European Parliament and of the Council of 14 May 2024 on asylum required

present.

and migration management, amending Regulations (EU) 2021/1147

and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013.

This shall be without prejudice to the necessity to ensure a standard of

living in accordance with Union law, including the Charter of

Fundamental Rights and international obligations

Provided that unless a separate decision is issued, the

transfer decision shall state that the relevant reception conditions have

been withdrawn in accordance with this regulation. The applicant shall

be informed of his rights and obligations with regard to such decision.

(1) Without prejudice to the provisions of regulation 17, Health care.

applicants shall receive the necessary health care, whether provided by

generalists or, where needed, as well as by specialist practitioners

Provided that such necessary health care shall be of

adequate quality and shall be limited to emergency care, essential

treatment of illnesses, including of serious mental disorders, and

sexual and reproductive health care which is essential in addressing a

serious physical condition.

(2) Minor children of applicants and applicants who are minors

shall receive the same type of health care as provided to Maltese

nationals who are minors. Specific treatment provided in accordance

with this regulation which started before the minor reached the age of

majority and is considered necessary, shall be received without

interruption or delay after the minor reaches the age of majority

Provided that where needed for medical reasons, applicants

who have special reception needs, including appropriate mental health

care, shall be provided with the necessary medical or other assistance,

including rehabilitation and assistive medical devices.

Part III

Reduction or withdrawal of material reception conditions

(1) The daily expenses allowance may be reduced or

withdrawn with regard to applicants who are required to be present on

Maltese territory in accordance with Article 17(4) of Regulation (EU)

2024/1351 of the European Parliament and of the Council of 14 May

2024 on asylum and migration management, amending Regulations

(EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU)

No 604/2013

Provided that if duly justified and proportionate, the

Agency for the Welfare of Asylum Seekers may also

(a)

reduce other material reception conditions;

(b) withdraw other material reception conditions, if the

applicant has seriously or repeatedly breached the rules of the

accommodation centre or has behaved in a violent or threatening

manner in the accommodation centre.

(2) Decisions in accordance with sub-regulation (1) may be

taken when an applicant

(a) abandons the residence in a specific place designated

by the Principal Immigration Officer in accordance with

regulation 7 without permission, or absconds;

(b) does not cooperate with the competent authorities, or

does not comply with the procedural requirements established by

them;

(c) has submitted a subsequent application as defined in

article 2 of the Act;

(d) has concealed financial resources, and has therefore

unduly benefited from material reception conditions;

(e) has seriously or repeatedly breached the rules of the

accommodation centre or has behaved in a violent or threatening

manner in the accommodation centre; or

(f) fails to participate in compulsory integration

measures, when provided or facilitated by the competent

authorities, unless there are circumstances beyond the applicant’s

control.

(3)

Where a decision has been taken in accordance with sub-

regulation 2(a), (b) or (f), and the circumstances on which that

decision was based cease to exist, the Agency for the Welfare of

Asylum Seekers shall consider whether some or all of the material

reception conditions withdrawn or reduced may be reinstated

Provided that where not all material reception conditions

are reinstated, the Agency for the Welfare of Asylum Seekers shall

take a duly justified decision and notify it to the applicant.

(4) Decisions taken in accordance with sub-regulation (1) shall

be taken objectively and impartially on the merits of the individual

case and shall state the reasons on which they are based.

(5) Decisions shall be based on the particular situation of the

applicant, especially with regard to applicants with special reception

needs, taking into account the principle of proportionality.

(6) All applicants shall have access to health care in

accordance with regulation 20 and shall be entitled to a standard of

living in accordance with Union law, including the Charter of

Fundamental Rights and international obligations.

(7) Material reception conditions shall not be withdrawn or

reduced before a decision is taken in a situation referred to in sub-

regulation (2).

Part IV

Provisions for applicants with special reception needs

(1) The specific situation of applicants with special Applicants with

special

reception needs shall be taken into account.

reception needs.

(2) The Agency for the Welfare of Asylum Seekers shall, in

cooperation with other competent authorities, as required, take into

consideration the fact that certain applicants such as those falling

within any of the following categories, are more likely to have special

reception needs

(a)

minors;

(b)

unaccompanied minors;

(c)

persons with disabilities;

(d)

elderly persons;

(e)

pregnant women;

(f)

lesbian, gay, bisexual, transgender and intersex

persons;

(g)

single parents with minor children;

(h)

victims of human trafficking;

(i)

persons with serious illnesses;

(j) persons with mental disorders including post-

traumatic stress disorder;

(k) persons who have been subjected to torture, rape or

other serious forms of psychological, physical or sexual

violence, such as victims of gender-based violence, of female

genital mutilation, of child or forced marriage, or violence

committed with a sexual gender, racist or religious motive.

(1) In order to effectively implement regulation 22, the

Agency for the Welfare of Asylum Seekers shall, in cooperation with

authorities providing advice and support in relation to vulnerable

persons, as required, as early as possible after an application for

international protection is made, individually assess whether the

applicant has special reception needs, using oral translation where

necessary

Provided that such an assessment shall be initiated by

identifying special reception needs based on visible signs or on the

applicants’ statements or behaviour or, where applicable, statements of

the parents or the representative of the applicant

Provided further that such assessment shall be completed

within thirty (30) days from the filing of the application for

international protection or, where it is integrated into the assessment

referred to in Article 20 of Regulation (EU) 2024/1348 of the

European Parliament and of the Council of 14 May 2024 establishing a

common procedure for international protection in the Union and

repealing Directive 2013/32/EU within the time-frame established in

such Regulation, and the special reception needs identified on the basis

of such assessment shall be addressed

Provided further that where special reception needs result

at a later stage in the procedure for international protection, the

Agency for the Welfare of Asylum Seekers shall, in cooperation with

other competent authorities as required, assess and address those

needs.

(2)

Support provided to applicants with special reception needs

shall take into account their special reception needs throughout the

duration of the procedure for international protection and shall provide

for appropriate monitoring of their situation.

(3) For the purposes of sub-regulation (1), staff assessing

special reception needs shall

(a) be trained and receive ongoing training to detect

signs that an applicant has special reception needs and to address

those needs when identified

(b) include information concerning the nature of the

applicant’s special reception needs in the applicant’s file held by

the Agency for the Welfare of Asylum Seekers, together with a

description of the visible signs or the applicant’s statements or

behaviour relevant for the assessment of the applicant’s special

needs as well as the measures that have been identified to

address those needs and the authorities responsible for

addressing those needs; and

(c) (i) subject to prior consent, refer applicants to the

appropriate medical practitioner or psychologist for further

assessment of their psychological and physical state where there

are indications that their mental or physical health could affect

their reception needs;

(ii) where necessary, oral translation shall be provided by

qualified professional translators to ensure that the applicant is

able to communicate with medical staff;

(iii) where the lack of such trained professionals would

risk delaying treatment, oral translation may be provided by

other adult individuals, subject to the applicant’s consent.

(4) The Agency for the Welfare of Asylum Seekers shall take

into account the result of the assessment referred to in sub-regulation

(3)(c) when deciding on the type of special reception support which

may be provided to the applicant.

(5) Applicants with special reception needs only may benefit

from the specific support provided in accordance with these

regulations.

(6) The assessment of sub-regulation (1) shall be without

prejudice to the assessment of international protection needs in

accordance with Regulation (EU) 2024/1348 of the European

Parliament and of the Council of 14 May 2024 establishing a common

procedure for international protection in the Union and repealing

Directive 2013/32/EU.

(1) When implementing the provisions of these

regulations that may potentially affect the minor, the best interests of

the minor shall be the primary consideration. Minors shall be entitled

to an adequate standard of living for their physical, mental, spiritual,

moral and social development.

(2) When the best interests of the minor are being assessed,

particular consideration shall be given to the following factors

(a)

family reunification possibilities;

(b) the minor’s well-being and social development,

taking into particular consideration the minor’s background and

the need for stability and continuity in care;

(c) safety and security considerations, in particular where

there is a risk of the minor being a victim of any form of violence

or exploitation, including human trafficking; and

(d) the views of the minor in accordance with his age and

maturity.

(3) Minors shall have access to leisure activities, including

play and recreational activities appropriate to their age, and to open-air

activities within the premises and accommodation centres referred to

in regulation 18(1), as well as to school materials where needed.

(4) Minors who have been victims of any form of abuse,

neglect, exploitation, torture or cruel, inhuman and degrading

treatment, or who have suffered from armed conflicts shall have access

to rehabilitation services. Appropriate mental health care shall be

developed and qualified counselling shall be provided where needed.

(5) Minor children of applicants or applicants who are minors

shall be accommodated with their parents or with the adult responsible

for them and their unmarried minor siblings, provided that this is in the

best interests of the minors concerned.

(6) Persons working with minors, including representatives

and persons suitable to provisionally act as representatives as referred

to in regulation 25, shall not have a record of child-related crimes or

offences, or of crimes or offences that lead to serious doubts about

their ability to assume a role of responsibility with regard to minors,

shall receive initial and continuous appropriate training concerning the

rights and needs of minors, including those related to any applicable

child safeguarding standards, and shall be bound by the confidentiality

rules in relation to any information they obtain in the course of their

work.

(1) Where an application is made by a person who claims Unaccompan-

to be a minor, or in relation to whom there are objective grounds to ied minors.

believe that such person is a minor, the Agency for the Welfare of

Asylum Seekers shall designate

(a) a person suitable to provisionally act as a

representative until a representative has been appointed;

(b) a representative, as soon as possible, provided that

this shall be done not later than fifteen (15) working days from

the date on which the application is made.

(2) The representative and the person suitable to provisionally

act as a representative shall meet with the unaccompanied minor and

shall take into account the minor’s own views about his own needs.

(3) Where the Agency for the Welfare of Asylum Seekers has

assessed that an applicant who claims to be a minor is without any

doubt above the age of eighteen (18) years, the Agency shall not be

required to appoint a representative or designate a person suitable to

provisionally act as a representative in accordance with sub-

regulations (1)(a) and (b), respectively.

(4) Where the implementation of measures indicated in the

respective national contingency plan is insufficient to respond to a

disproportionate number of applications made by unaccompanied

minors, or in other exceptional situations, the appointment of

representatives may be delayed by ten (10) working days and the

number of unaccompanied minors per representative may be increased

up to a maximum of fifty (50) unaccompanied minors

Provided that a natural person appointed as a representative

or designated as a person suitable to provisionally act as a

representative in charge of a proportionate and limited number of

unaccompanied minors, shall not be responsible for more than thirty

(30) unaccompanied minors at the same time, in order to ensure that

such person is able to perform tasks effectively.

(5) When applying sub-regulation (4), the Agency for the

Welfare of Asylum Seekers shall inform the Commission and the

European Union Asylum Agency accordingly.

(6) The duties of the representative and the person suitable to

provisionally act as a representative shall cease where the Agency for

the Welfare of Asylum Seekers, following the age assessment referred

to in Regulation (EU) 2024/1348 of the European Parliament and of

the Council of 14 May 2024 establishing a common procedure for

international protection in the Union and repealing Directive 2013/32/

EU, do not assume that the applicant is a minor or consider that the

applicant is not a minor, or where the applicant is no longer an

unaccompanied minor.

(7) The person suitable to provisionally act as a representative

shall be immediately informed when an application for international

protection is made by an unaccompanied minor of any relevant facts

pertaining to such minor

Provided that persons whose interests conflict or may

potentially conflict with those of the unaccompanied minor shall not

be designated as a person suitable to provisionally act as a

representative

Provided further that the unaccompanied minor shall be

immediately informed that a person suitable to provisionally act as a

representative has been designated.

(8) Where an organisation is appointed as a representative or

designated as a person suitable to provisionally act as a representative,

a natural person shall be appointed to carry out the tasks of the

representative in respect of the unaccompanied minor.

(9) The representative provided for in sub-regulation (1) shall

be the same person as established in Regulation (EU) 2024/1348 of the

European Parliament and of the Council of 14 May 2024 establishing a

common procedure for international protection in the Union and

repealing Directive 2013/32/EU.

(10) The Agency for the Welfare of Asylum Seekers shall

immediately inform

(a) the unaccompanied minor that a representative has

been appointed for him and how to file a complaint against said

representative in a confidential and safe manner appropriate to

the applicant’s age and in a manner that ensures that the minor

understands such information; and

(b) the representative of relevant facts pertaining to the

unaccompanied minor.

(11) The representative or the person suitable to provisionally

act as a representative shall be changed only where necessary, in

particular, when the Agency for the Welfare of Asylum Seekers

considers that the representative or person has not performed his tasks

adequately

Provided that organisations or natural persons whose

interests conflict or may potentially conflict with those of the

unaccompanied minor shall not be appointed as a representative or

designated as a person suitable to act as a representative.

(12) The Chief Executive Officer of the Agency for the Welfare

of Asylum Seekers or his designated representative shall be

responsible to supervise the proper performance of tasks by the

representatives and persons suitable to provisionally act as

representatives, including by reviewing the criminal records of those

appointed representatives and designated persons at regular intervals

in order to identify potential conflicts with their role.

(13) The Chief Executive Officer of the Agency responsible for

the Welfare of Asylum Seekers or his designated representative shall

review complaints filed by unaccompanied minors against their

appointed representatives or designated persons.

(14) Unaccompanied minors who apply for international

protection, from the moment they are admitted into Maltese territory

until the moment they are obliged to leave Maltese territory, shall be

placed

(a)

with adult relatives;

(b)

with a foster family;

(c)

in accommodation centres with special provisions for

minors;

(d)

in other accommodation suitable for minors.

(15) Unaccompanied minors aged sixteen (16) or over may be

placed in accommodation centres for adult applicants, if it is in their

best interests

Provided that as far as possible, siblings shall be kept

together, taking into account the best interests of the minor concerned

and, in particular, their age and degree of maturity. Changes of

residence of unaccompanied minors shall be limited to a minimum.

(16) The Agency responsible for the Welfare of Asylum Seekers

shall start tracing the members of the unaccompanied minor’s family,

where necessary with the assistance of international or other relevant

organisations, as soon as possible after an application for international

protection is made, whilst protecting the best interests of the

unaccompanied minor

Provided that where there is a possible threat to the life or

integrity of the minor or the minor’s close relatives, in particular if

those relatives have remained in the country of origin, care shall be

taken to ensure that the collection, processing and circulation of

information concerning those persons is undertaken on a confidential

basis, in order to avoid jeopardising their safety.

(1) Persons who have been subjected to trafficking of

human beings, torture, rape or other serious acts of psychological,

physical or sexual violence, including violence committed with a

sexual, gender, racist or religious motive, shall be provided with

necessary medical and psychological treatment and care, including

rehabilitation services and counselling where necessary, for the

damage caused by such acts. Those persons shall be provided, where

necessary, with oral interpretation in accordance with regulation

23(3)(c)(ii)

Provided that access to such treatment and care shall be

provided as early as possible after those persons’ needs have been

identified.

(2) Professionals working with the persons mentioned in sub-

regulation (1), including health professionals, shall be appropriately

trained and shall continue to receive appropriate training concerning

those persons’ needs and appropriate treatment, including necessary

rehabilitation services

Provided that these professionals shall be bound by

confidentiality rules and applicable professional ethics codes in

relation to any information they obtain in the course of their work.

Part V

Remedies

(1) Applicants who feel aggrieved by a decision taken in

accordance with these regulations shall be entitled to an appeal before

the Immigration Appeals Board in accordance with the provisions

established in the Immigration Act

Provided that applicants who lack sufficient resources to

appeal from a decision shall be entitled to free legal assistance and

representation.

(2)

Free legal assistance and representation shall entail the

preparation of the required procedural documents and participation in

the hearing before the Immigration Appeals Board.

(3)

Free legal assistance and representation may not be granted

where

(a)

the applicant has sufficient resources; or

(b) the appeal before the Immigration Appeals Board or

the Court of Appeal (Inferior Jurisdiction) has no tangible

prospect of success

Provided that where a decision not to grant free legal

assistance and representation is taken by an authority which is

not a court or tribunal on the ground that the appeal or review is

considered to have no tangible prospect of success, the applicant

shall have the right to an effective remedy before the

Immigration Appeals Board against such decision, and for that

purpose shall be entitled to request free legal assistance and

representation.

(4) Without prejudice to sub-regulations 17(2) and (3), total or

partial reimbursement of any costs incurred may be requested where

the applicant’s financial situation has improved considerably during

the procedure for international protection in accordance with

Regulation (EU) 2024/1348 or where the decision to provide free legal

assistance and representation was taken on the basis of false

information supplied by the applicant.

€2.79