RECEPTION OF ASYLUM SEEKERS REGULATIONS

SUBSIDIARY LEGISLATION 420.06

RECEPTION OF ASYLUM SEEKERS

REGULATIONS

22nd November, 2005 *

LEGAL NOTICE 320 of 2005, as amended by Legal Notices 417 of 2015

487 of 2021 and 2 of 2023 and 87 of 2024.

PART I

Purpose, Definitions and Scope

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

Asylum Seekers 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);

(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).

For the purposes of these regulations -

"accommodation centre" means any place used for collective

housing of asylum seekers;

"the Act" means the International Protection Act;

"applicant" means a person who has made an application for a

declaration under article 8 of the Act;

"application" means an application for refugee status made under

article 8 of the Act;

"asylum seeker" means a person who has made an application for

a declaration under article 8 of the Act;

"Chief Executive Officer" means the Chief Executive Officer,

and includes to the extent and authority given, any other person

temporarily authorised in that behalf by the Minister;

"detention" means confinement of an asylum seeker within a

*see regulation 1(3) of these Regulations as originally promulgated, and Legal Notice

383 of 2005.

particular place, where the applicant is deprived of his or her

freedom of movement;

"family members" means, only in so far as the family already

existed in the country of origin, the following members of the

applicant’s family who are present in Malta, in relation to the

application for asylum made in Malta

(a) the spouse of the asylum seeker or his unmarried

partner in a stable relationship;

(b) the minor children of the applicant and his spouse

referred to in paragraph (a) or of the applicant, on

condition that the children are unmarried and

dependent and regardless of whether they were born in

or out of wedlock or adopted in a manner recognized

under Maltese law;

(c) the father, mother or legal guardian, where the

applicant is a minor;

"the Geneva Convention" means the Convention of the 28th July,

1951 relating to the status of refugees, as amended by the New

York Protocol of the 31st January, 1967;

"material reception conditions" means the reception conditions

that include housing, food and clothing, provided in kind, or as

f i n a n c i a l a l l o w a n c e s o r i n v o u c h e r s , a n d a d a i l y e x p e n se s

allowance;

"Member State" means a country which is a member of the

European Union;

"Principal Immigration Officer" means the person appointed to

such office by the Prime Minister under article 3 of the

Immigration Act and includes, within the limits of any authority

granted by the Principal Immigration Officer under article 3(3) of

the said Act, any public officer acting under such authority;

"reception conditions" means the full set of measures that are

granted in Malta to asylum seekers in accordance with Maltese law;

"refugee" means a person who fulfils the requirements of Article

1(A) of the Geneva Convention;

"unaccompanied minors" means persons below the age of

eighteen who arrive in Malta unaccompanied by an adult

responsible for them whether by law or by custom, and for as long

as they are not effectively taken into the care of such a person; it

includes minors who are left unaccompanied after they have

entered Malta.

(1) These regulations shall apply to all third country

nationals and stateless persons who make an application for asylum

in Malta as long as they are allowed to remain in Malta as asylum

seekers, as well as to family members, if they are covered by such

application for asylum according to the Maltese law.

(2) These regulations do not apply in cases of requests for

diplomatic or territorial asylum submitted to representations of

Malta abroad.

(3) These regulations do not apply when the Temporary

Protection for Displaced Persons (Minimum Standards)

Regulations are applied.

PART II

General Provisions on Reception Conditions

(1) The Principal Immigration Officer shall take the

necessary steps in order that, within a reasonable time and not

exceeding fifteen days from the day an asylum seeker has lodged

his application, the asylum seeker shall be informed of any

established benefits and of the obligations with which he must

comply relating to reception conditions; in this respect the

Principal Immigration Officer shall ensure that an applicant is

provided with information on organisations or groups of persons

that provide specific legal assistance and organisations that might

be able to help or inform him concerning the available reception

conditions, including health care.

(2) The Principal Immigration Officer shall ensure that the

information referred to in sub-regulation (1) is in writing and, as far

as possible, in a language that the applicant may reasonably be

supposed to understand; where appropriate, this information may

also be supplied orally.

(1) The Chief Executive Officer shall ensure that, within

three days after an application is lodged, an applicant is provided

with a document issued in his own name certifying his status as an

asylum seeker or testifying that he is allowed to stay in Malta while

his application is pending or being examined.

(2) Sub-regulation (1) shall not apply when the asylum seeker

is in detention and during the examination of an application for

asylum made at the point of entry into Malta or within the context

of a procedure to decide on the right of the applicant legally to

enter the territory of Malta. In specific cases, during the

examination of an application for asylum, applicants may be

provided with other evidence equivalent to the document referred

to in sub-regulation (1).

(3) The document referred to in sub-regulation (1) shall be

valid for as long as the asylum seeker is authorised to remain in

Malta.

(4) Asylum seekers may be provided with a travel document

when serious humanitarian reasons arise that require their presence

in another State.

(1) Without prejudice to any other law, the Principal

Immigration Officer may, when it proves necessary and if other less

coercive measures cannot be applied effectively, order the detention of

an applicant for one or more of these reasons, pursuant to an individual

assessment of the case

(a) in order to determine or verify his identity or

nationality;

(b) in order to determine those elements on which the

application is based which could not be obtained in the

absence of detention, in particular when there is a risk

of absconding on the part of the applicant;

(c) in order to decide, in the context of a procedure, in

terms of the Immigration Act, on the applicant’s right

to enter Maltese territory;

(d) 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 the

Principal Immigration Officer can substantiate, on the

basis of objective criteria, including that the applicant

already had the opportunity to access the asylum

procedure, that there are reasonable grounds to believe

that the applicant is making the application for

international protection merely in order to delay or

frustrate the enforcement of the return decision;

(e) when protection of national security or public order so

require; or

(f)

in accordance with Article 28 of Regulation (EU) No

604/2013 of the European Parliament and of the

Council of 26 June 2013 establishing the criteria and

mechanisms for determining the Member State

responsible for examining an application for

international protection lodged in one of the Member

States by a third-country national or a stateless person

Provided that administrative procedures relevant to

the grounds for detention set out in this regulation shall

be executed with due diligence

Provided further that delays in administrative procedures

that cannot be attributed to the applicant shall not justify

a continuation of detention.

(2) A detention order issued by the Principal Immigration

Officer in writing, in a language which the applicant is reasonably

supposed to understand, shall state the reason or reasons on which

it is based

Provided that wherever the Principal Immigration Officer

issues such a detention order he shall also inform the applicant of

procedures to challenge detention and obtain free legal assistance

and representation.

(3) The Immigration Appeals Board shall, with due regard to

article 25A(10) of the Immigration Act, review the lawfulness of

detention after a period of seven (7) working days, which may be

extended by another seven (7) working days by the Board for duly

justified reasons.

(4) If the applicant is still detained, a review of the lawfulness

of detention shall be held after periods of two months thereafter.

Wherever the Immigration Appeals Board rules that detention is

unlawful, the applicant shall be released immediately.

(5)

An applicant shall be provided with free legal assistance

and representation during the review of the lawfulness of his

detention in accordance with sub-regulation (3). Free legal

assistance and representation entails preparation of procedural

documents and participation in any hearing before the Immigration

Appeals Board.

(6) The Principal Immigration Officer shall have the possibility

to grant applicants temporary permission to leave detention. The

Principal Immigration Officer shall take the decisions individually,

objectively and impartially and shall give reasons if the decisions

are negative

Provided that the applicant shall be given the facility to

keep appointments with authorities and courts if his appearance

thereat is necessary.

(7) Any person detained in accordance with these regulations

shall, on the lapse of nine months, be released from detention if he

is still an applicant.

(8) Where the Principal Immigration Officer does not order the

detention of an applicant in accordance with sub-regulation (1), he

may require the applicant

(a) to report at a police station within specified time-

frames;

(b) to reside at an assigned place.

For the purposes of this paragraph, the Principal

Immigration Officer shall have the possibility to grant

temporary permission to leave. The Principal

Immigration Officer shall take the decisions

individually, objectively and impartially and shall give

reasons if the decisions are negative

Provided that the applicant shall in no case require

permission to keep appointments with authorities and

courts if his appearance thereat is necessary

Provided further that wherever the applicant is not

required to reside at an assigned place, he shall be

required to notify any change of address to the

Principal Immigration Officer within not more than

twenty-four hours;

(c) to deposit or surrender documents; or

(d) to place a one-time guarantee or surety, with the

Principal Immigration Officer.

Such measures shall have a maximum duration of nine

months

Provided that, if the applicant concerned does not comply

with conditions referred to in this sub-regulation, the Principal

Immigration Officer may order the detention of such applicant in

accordance with the terms and conditions prescribed in this sub-

regulation.

(9) An applicant shall not be detained for the sole reason that he is

an applicant for international protection.

(1) Whenever an applicant is detained in accordance with

regulation 6, he shall be detained in a specialised detention facility,

which facility shall not be utilised as a place of detention for

sentenced persons. In the eventuality that an applicant has to be

detained in a facility for the detention of sentenced persons he shall

be kept separate from inmates who are not detained pursuant to

regulation 6 and the detention conditions provided for in these

regulations shall apply

Provided that minors shall never be detained in a facility

utilised as a place of detention for sentenced persons.

(2) Applicants detained in a specialised detention facility in

accordance with sub-regulation (1) shall, insofar as possible, be

kept separate from third-country nationals who have not filed an

application for international protection.

(3) Applicants in detention shall have access to open-air

spaces.

(4) Representatives of the United Nations High Commissioner

for Refugees (UNHCR) shall be given the possibility to

communicate with and to visit applicants in detention in conditions

that respect privacy.

(5) Legal advisers, counsellors, representatives of relevant

non-governmental organisations and family members of detainees

shall be given the possibility to communicate with and visit

applicants in detention in conditions that respect privacy, in

accordance with rules and conditions that may be laid down in

legislation regulating detention facilities

Provided that specialised detention facilities or facilities for

the detention of sentenced persons may provide for limitations to

access where necessary for purposes of administrative management

or the upkeep of security and public order, as long as access is not

severely restricted or rendered impossible.

(6) The management of specialised detention facilities or

facilities for the detention of sentenced persons shall systematically

provide to applicants in detention information concerning the rules

of the facility, their rights and their obligations in a language in

which they understand or are reasonably supposed to understand

Provided that temporary derogations under this regulation may

be authorised only in duly justified cases and for a reasonably short

period of time, in the event that the applicant is detained at a border

post or in a transit zone

Provided further that these temporary derogations shall not

apply in cases referred to in regulation 5A of the Procedural Standards

for Granting and Withdrawing International Protection Regulations,

insofar as this regulation transposes Article 43 of 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.

(7) The management of specialised detention facilities or

facilities for the detention of sentenced persons shall provide

families in detention with separate accommodation guaranteeing

adequate privacy.

(8) The management of specialised detention facilities or

facilities for the detention of sentenced persons shall ensure that

female applicants in detention are accommodated separately from

male applicants, unless the male applicants are family members and

all applicants concerned give their consent to being accommodated

together.

(9) Notwithstanding sub-regulations (7) and (8), the

management of specialised detention facilities or facilities for the

detention of sentenced persons may designate common spaces for

recreational or social activities, including the provision of meals

for male and female applicants who are not part of a family unit in

detention.

(1) Where vulnerable persons are detained, the competent

authority shall ensure regular monitoring 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.

Where applicants are provided with accommodation,

appropriate measures shall, as far as possible, and with the asylum

seeker’s agreement, be taken to maintain family unity.

(1) The Director General Health may require medical

screening for applicants on public health grounds.

(2) For the purposes of this regulation, the Director General

Health or any officer duly authorised shall apply the relevant

provisions of the Prevention of Disease Ordinance and the Public

Health Act whenever they deem necessary.

(1) Minor children of asylum seekers and asylum seekers

who are minors shall have access to the education system under

similar conditions as Maltese nationals for so long as an expulsion

measure against them or their parents is not actually enforced; such

education may be provided as may be determined by the Director of

Education.

(2) Access to the education system shall not be postponed for

more than three months from the date the application for asylum

was lodged by the minor or the minor’s parents

Provided that this period may be extended to one year

where specific education is provided in order to facilitate access to

the education system.

(3) Preparatory classes for the minor children of applicants,

including language classes, shall be provided where these are

necessary with a view to facilitating their participation in the

education system as provided in sub-regulation (1).

(1) An applicant shall be granted access to the labour

market after the lapse of nine months from the date when the

application was lodged, provided that he is still an applicant when

such a lapse has occurred.

(2) Where an appeal is lodged against a negative decision,

access to the labour market shall not be withdrawn during the

appeals stage.

(3) The provisions of sub-regulations (1) and (2) are without

prejudice to priorities given, by reasons of labour market policies,

to citizens of Member States and nationals of States parties to the

Agreement on the European Economic Area and also to legally

resident third-country nationals.

(4) An applicant may have access to vocational training provided

that he has access to the labour market within the meaning of this

regulation.An applicant may also have access to a validation procedure

of non-formal and informal learning, assessing and certifying the

knowledge, skills and competences which individuals develop

throughout their lives by means of participation in non-formal and

informal learning.

(1) The authorities responsible for the management of

reception centres shall ensure that material reception conditions are

available to applicants when they make their application for

asylum.

(2) Applicants shall be provided with emergency health care

and essential treatment of illness and serious mental disorders.

Medical and other assistance shall be provided to applicants who

have special reception needs, including mental health care.

(3) The material reception conditions shall be such as to ensure

a standard of living adequate for the health of applicants and

capable of ensuring their subsistence; the authorities referred to in

sub-regulation (1) shall moreover ensure that that standard of living

is met in the specific situation of persons who have special needs,

in accordance with regulation 14, as well as in relation to the

situation of persons who are in detention.

(4) The provision of material reception conditions and health

care shall be subject to the condition that applicants do not have

sufficient means to have a standard of living adequate for their

health and to enable their subsistence.

(5) Where applicants have sufficient resources, or if they have

been working for a reasonable period of time, applicants may be

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

conditions and of the health care provided for in these regulations;

if it transpires that an applicant had sufficient means to cover

material reception conditions and health care at the time when these

basic needs were being covered, the asylum seeker may be asked

for a refund.

(1) Where accommodation is provided in kind, it should

take one or a combination of the following forms

(a) premises used for the purpose of accommodating

applicants during the examination of an application for

asylum lodged at the moment of entry into Malta;

(b) accommodation centres which guarantee an adequate

standard of living;

(c) other premises adapted for accommodating applicants

Provided that, when accommodating applicants, due regard

shall be given to gender and age-specific concerns, as well as the

situation of vulnerable persons

Provided further that, wherever possible, dependent adult

applicants are to be accommodated with close adult relatives who

are in Malta.

(2) The authorities responsible for such accommodation shall

ensure that applicants provided with the accommodation referred to

in sub-regulation (1)(a), (b) and (c) are assured

(a) protection of their family life;

(b) the possibility of communicating with relatives, legal

advisers and representatives of the United Nations

High Commissioner for Refugees and recognised non-

governmental organisations.

Particular attention shall be paid to the prevention of

assault within the premises and accommodation centres referred to

in sub-regulation (1)(a) and (b).

(3) If appropriate, minor children of applicants or applicants

who are minors shall be lodged with their parents or with the adult

family member responsible for them whether by law or by custom

or with their unmarried siblings.

(4) Transfers of applicants from one accommodation facility to

another shall take place only when necessary, and applicants shall

be provided with the possibility of informing their legal advisers of

the transfer and of their new address.

(5) Family members, legal advisers or counsellors of asylum

seekers and representatives of the United Nations High

Commissioner for Refugees or non-governmental organisations

designated by the latter and recognised by the authorities

responsible for the management of reception centres shall be

granted access to accommodation centres and other accommodation

facilities in order to assist the said asylum seekers; in granting such

access the authorities responsible for the management of reception

centres may impose such limits as they may deem appropriate on

grounds relating to the security of the centres and facilities and of

the asylum seekers.

(6) In exceptional circumstances modalities may be set for

material reception conditions which are different from those

provided for in this regulation, for a reasonable period which shall

be as short as possible, when

(a) an initial assessment of the specific needs of the

applicant is required,

(b) accommodation capacities normally available are

temporarily exhausted

Provided that these different conditions shall, in any case,

cover basic needs.

(7) Transfers of applicants from one facility to another shall

take place only when necessary. Applicants shall be granted the

possibility to inform their legal advisers of the transfer and of their

new address.

PART III

Reduction or Withdrawal of Reception Conditions

(1) The authorities responsible for the management of

reception centres may reduce or withdraw reception conditions in

the following cases

(a) where an asylum seeker

(i)

abandons the place of residence determined by

the competent authority without informing him

or, if requested, without permission, or

(ii) does not comply with reporting duties or with

requests to provide information or to appear for

personal interviews concerning the asylum

procedure during a reasonable period laid down

by law

Provided that when the applicant is traced or

voluntarily reports to the competent authority, the

authorities responsible for the management of

reception centres shall reach a decision, based on the

reasons for the disappearance, as to the re-installation

or otherwise of the grant of some or all of the

reception conditions;

(b) where an applicant has concealed financial resources

and has therefore unduly benefited from material

reception conditions.

(2) The authorities responsible for the management of

reception centres may refuse reception conditions in cases where an

asylum seeker has failed to demonstrate that the asylum claim was

made in accordance with the provisions of the Act after his arrival

in Malta.

(3) The authorities responsible for the management of

reception centres may, in accordance with rules for accommodation

centres drawn up for the purpose, determine sanctions applicable to

serious breaching of the rules of such accommodation centres as

well as to seriously violent behaviour.

(4) Decisions for reduction, withdrawal or refusal of reception

conditions or sanctions referred to in sub-regulations (1), (2) and

(3) shall be taken individually, objectively and impartially and

reasons shall be giv en; the decisio ns shall b e b ased on t he

particular situation of the person concerned, especially with regard

to persons covered by Part IV, taking into account the principle of

proportionality.

(5) Material reception conditions shall not be withdrawn or

reduced before a decision is taken in accordance with sub-

regulation (4).

PART IV

Vulnerable Persons

(1)

(a) In the implementation of the provisions

relating to material reception conditions and health care, including

mental health, account shall be taken of the specific situation of

vulnerable persons who shall include minors, unaccompanied minors,

disabled people, elderly people, pregnant women, single parents with

minor children, victims of human trafficking, persons with serious

illnesses, persons with mental disorders and persons who have been

subjected to torture, rape or other serious forms or psychological,

physical or sexual violence, such as victims of female genital

mutilation, found to have special needs after an individual evaluation

of their situation

For the purposes of this regulation, the entity for the

welfare of asylum seekers shall assess in conjunction with other

authorities as necessary, whether the applicant is an applicant with

special reception needs and shall also indicate the nature of such

needs. This assessment shall be initiated within a reasonable period of

time after an application for international protection has been

submitted.

(b)

The entity for the welfare of asylum seekers shall

also ensure that support is being provided to applicants with special

reception needs, taking into account their special reception needs

throughout the duration of the asylum procedure, whilst conducting

appropriate monitoring of their situation.

(c)

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 be given

access to pertinent rehabilitation services in terms of the Victims of

Crime Act, further to being provided with the required mental health

care.

For the purposes of this provision an evaluation by the

entity responsible for the welfare of asylum seekers, carried out in

conjunction with other authorities as necessary shall be conducted as

soon as practicably possible

Provided that applicants identified as minors shall not be

detained, except as a measure of last resort

Provided further that applicants who claim to be minors

shall not be detained, except as a measure of last resort, unless the

claim is evidently and manifestly unfounded.

(2) Whenever the vulnerability of an applicant becomes

apparent at a later stage, assistance and support shall be provided

from that point onwards, pursuant to a reassessment of the case.

(3)

Repealed by Legal Notice 87 of 2024 .

(4) In the implementation of the provisions of these

regulations, where these refer to minors, the best interests of the

child shall constitute a primary consideration. When considering

the best interest of the child due regard shall be taken to the

possibilities of family reunification, the minor’s general well-being

and social development, safety and security considerations, and the

views of the minor in accordance with his age and maturity.

(5) Minor applicants shall have access to leisure activity,

including play and recreational activity appropriate to their age,

and to open air activity whenever accommodated in accordance

with regulation 12.

(6) The entity responsible for the welfare of asylum seekers

s h a l l , w it h t he a s s is ta nc e o f i n ter n a t io n a l o rgan i s a t io n s a s

necessary, initiate procedures to trace the family members of

applicants who are unaccompanied minors. Whenever the

circulation of data may place family members in jeopardy, the

collection, processing and circulation of data shall be kept

confidential.

(1)

The entity for the welfare of asylum seekers shall

as soon as possible take measures to ensure that the unaccompanied

minor is represented and assisted by a representative and the

provisions of regulation 18 of the Procedural Standards for Granting

and Withdrawing International Protection Regulations regarding

unaccompanied minors shall apply.

(2)

An unaccompanied minor shall be accommodated in

centres specialised in accommodation for minors in accordance with

the provisions of regulation 18 of the Procedural Standards for

Granting and Withdrawing International Protection Regulations.

(3)

An unaccompanied minor aged sixteen years or over may

be placed in accommodation centres for adult asylum seeker.

(4)

The entity for the welfare of asylum seekers shall

proceed with the tracing of the family members of the unaccompanied

minor, if necessary with the assistance of international or other

relevant organisations and as soon as possible after an application for

international protection is made, whilst acting in the best interests of

the minor

Provided that, in cases where there may be a threat to the

life or integrity of the minor or his close relatives, particularly if they

have remained in the country of origin, care must be taken to ensure

that the collection, processing and circulation of information

concerning those persons is undertaken on a confidential basis, so as to

avoid jeopardising their safety.

(5) The entity for the welfare of asylum seekers shall ensure that

persons working with unaccompanied minors have received and shall

continue to receive appropriate training concerning their needs, and

shall be bound by the confidentiality rules in relation to any

information they obtain in the course of their work.

PART V

Appeals

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

pursuance to the provisions of these regulations and by a decision

in relation to age assessment in accordance with regulation 17 of

the Procedural Standards in Examining Applications for

International Protection Regulations, shall be entitled to an appeal

to the Immigration Appeals Board in accordance with the

provisions laid down in the Immigration Act

Provided that applicants who lack sufficient resources to

appeal from a decision, are 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.