PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION REGULATIONS

SUBSIDIARY LEGISLATION 420.07

PROCEDURAL STANDARDS FOR GRANTING

AND WITHDRAWING INTERNATIONAL

PROTECTION REGULATIONS

11th December, 2015

LEGAL NOTICE 416 of 2015, as amended by Act XL of 2020 and Legal

Notices 488 of 2021, 273 of 2022 and 104 of 2024.

The title of these regulations is the Procedural Standards

f o r G r a n t i n g a n d Wi t h d r a w i n g I n t e r n a t i o n a l P r o t e c t i o n

Regulations.

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).

(1) In these regulations, unless the context otherwise

requires -

"Act" means the International Protection Act;

"applicant" means third country nationals or stateless persons

who have made an application for international protection in

respect of which a final decision has not yet been taken by the

International Protection Agency or by the International Protection

Appeals Tribunal;

"applicant in need of special procedural guarantees" means an

applicant whose ability to benefit from the rights and comply with

the obligations provided for in these regulations as well as in the

Act, is limited due to individual circumstances;

"the Chief Executive Officer" means the same as the meaning given

to it by article 4 of Act and includes, to the extent and authority given,

any other person temporarily authorised on that behalf by the Minister;

"competent authorities" means the International Protection Agency;

"Convention" means the 1951 Convention relating to the Status

of Refugees done at Geneva on 28th July, 1951, to which Malta

acceded on 17th June, 1971, and the 1967 Protocol relating to the

Status of Refugees of 31st January, 1967 to which Malta acceded

o n 1 5 t h S e p t e m b e r, 1 9 7 1 , s u b j e c t t o t h e d e c l a r a t i o n s a n d

reservations made by Malta;

"determining authority" means the International Protection Agency;

"the High Commissioner" means the United Nations High

Commissioner for Refugees or his representative;

"international protection" means refugee status or subsidiary

protection;

"legal adviser" means a person who is authorised to practice the

legal profession in Malta in terms of the Code of Organization and

Civil Procedure;

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

below the age of eighteen years;

"remain" means to remain in the territory including at the border

or in transit zones of the Member State in which the application for

international protection has been made or is being examined; the

right to remain shall not constitute an entitlement to a residence

permit;

"representative" means a person or an organisation appointed by

the competent bodies in order to assist and represent an

unaccompanied minor in asylum procedures with a view to

ensuring the best interests of the child and exercising legal capacity

for the minor where necessary. Where an organisation is appointed

as a representative, it shall designate a person responsible for

carrying out the duties of a representative in respect of the

unaccompanied minor;

"the Tribunal" means the International Protection Appeals Tribunal

as established by article 5 of the Act;

"unaccompanied minor" means a minor who arrives on the

territory of Malta unaccompanied by an adult responsible for him

or her in accordance with national law and for as long as such

minor is not effectively taken into the care of such an adult; it

includes a minor who is left unaccompanied after he or she has

entered the territory of Malta;

"vulnerable persons" means persons in need of special care,

support, or protection because of age, disability, or risk of abuse or

neglect, including minors, unaccompanied minors, disabled people,

elderly people, pregnant women, single parents with minor

children, victims of human trafficking, persons with mental

disorders and persons who have been subjected to torture, rape or

other serious forms of psychological, physical or sexual violence.

(1) The applicant shall be

(a) informed

(i)

in a language which he understands or is

reasonably supposed to understand of the

procedure to be followed and of his rights and

obligations during the procedure;

(ii) about the possible consequences of not

complying with his obligations and not

cooperating with the authorities;

(iii) of the timeframe as well as the means at his

disposal for fulfilling the obligation to submit

the elements required;

(iv) of the consequences of an explicit or implicit

withdrawal of the application;

(v) of his right to consult the High Commissioner or

any other national organisation providing legal

advice and to have legal assistance during all the

phases of the asylum procedure

Provided that this information shall be given in time to

enable the applicant to exercise the rights guaranteed

and to comply with the obligations prescribed by law;

(b) granted the services of an interpreter for submitting his

case to the competent authorities whenever necessary;

(c) given notice, in a reasonable time, of the decision on

his application for international protection and such

notice shall be served on the applicant or his legal

adviser;

(d) informed of the result of the decision, in a language

that he understands or is reasonably supposed to

understand, when he is not assisted or represented by a

legal adviser;

(e) provided with information on how to challenge a

negative decision;

(f)

provided with the information referred to in this

regulation and information provided by the experts in

accordance with regulation 8(3)(d), where the

International Protection Agency has taken that

information into consideration for the purpose of

taking a decision on their application.

(2) The guarantees referred to in this regulation shall also be

provided at appeal stage.

(3)

An applicant shall also –

(a) be obliged to cooperate with the International

Protection Agency with a view to establishing his

identity and other elements referred to in the Act and

in these regulations;

(b) report or appear before the International Protection

Agency without delay or at a specified time;

(c) inform the competent authorities of his current place

of residence or address and of any changes thereof as

soon as possible;

(d) hand over all documents in his possession;

(e) be subject to search and his oral statements may be

recorded subject to the applicant being previously

informed thereof

Provided that, without prejudice to any search carried

out for security reasons, a search of the applicant’s

person shall be carried out by a person of the same sex

with full respect for the principles of human dignity

and of physical and psychological integrity;

(f)

be photographed and have his fingerprints taken; and

(g) be provided with information relating to legislation

and procedure, free of charge.

(1) A person who wishes to apply for international

protection shall make an application to the International Protection

Agency, or to any authority likely to receive such applications.

For the purpose of this regulation, when a person indicates

that he wishes to make an application for international protection to

an authority likely to receive such applications, then that authority

shall inform the International Protection Agency of the applicant’s

intention to apply for international protection and refer such

applicant to the International Protection Agency.

(2) The International Protection Agency shall register the

making of an application for international protection within three

working days

Provided that, when an application for international

protection is made to other authorities likely to receive such

applications, the International Protection Agency shall register

such applications within six working days

Provided further that, when simultaneous applications for

international protection by a large number of persons make it very

difficult in practice to respect the three day limit, the International

Protection Agency may provide for that time limit to be extended to

ten working days.

(3) An application for international protection shall be deemed

to have been lodged once the prescribed form has reached the

International Protection Agency. Such application shall be lodged

in person and, or at a designated place.

For the purpose of this regulation, the International

Protection Agency shall ensure that the applicant has an effective

opportunity to lodge the application as soon as possible.

(4) When an application for international protection is made to

an authority other than the International Protection Agency, then

the applicant is to be advised and assisted on how and where he

may lodge such application

Provided that with regard to an unaccompanied minor, the

appointed representative referred to in regulation 18 has the right to

lodge an application for international protection on behalf of the

unaccompanied minor, if on the basis of an individual assessment

of the minor’s personal situation, the appointed representative is of

the opinion that the minor may be in need of protection.

(5) An applicant for international protection shall file his

application in his own name, and where applicable, that of his

dependants

Provided that where a person lodged an application for

international protection on behalf of his dependants, the

International Protection Agency shall ensure that each dependant

adult consents to the lodging of the application on his behalf,

failing which he shall be given the opportunity to make an

application on his own behalf.

(6) For the purpose of this regulation, consent shall be

requested at the time the application is lodged or, at the latest, when

the personal interview with the dependant adult is conducted. Each

dependant adult shall be informed in private of the relevant

procedural consequences of the lodging of the application on his

behalf and of his right to make a separate application for

international protection.

(7) A minor has the right to make an application for

international protection either on his own behalf if he has legal

capacity, or through his parents or other adult family members, or

an adult responsible for him in accordance with national law, or

through a representative.

(1)

Where there are indications that third-country

nationals or stateless persons held in detention facilities or present at

border crossing points, including transit zones, at external borders,

may wish to make an application for international protection, the

relevant authorities shall provide them with information on the

possibility to do so and shall make arrangements for interpretation to

the extent necessary to facilitate access to the asylum procedure.

(2)

Organisations and persons providing advice and

counselling to applicants shall have an effective access to applicants

present at border crossing points, including transit zones, at external

borders, subject to rules as well an agreement covering the presence

and access of such organisations and persons in these crossing points

Provided that limits on such access may be imposed only

where such limits are objectively necessary for the security, public

order or administrative management of the crossing points concerned,

as long as access is not thereby severely restricted or rendered

impossible.

(1) The International Protection Agency shall ensure that

the examination procedure is concluded as soon as possible,

without prejudice to an adequate and complete examination.

(2) The International Protection Agency shall also ensure that

the examination procedure is concluded within six months of the

lodging of the application.

(3) Where an application is subject to the procedure laid down

in EU Regulation 604/2013 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, the time limit of six months shall start to run from the day

the Maltese authorities are determined as the Member State

responsible in accordance with that Regulation, the applicant is on

Maltese territory and has been taken in charge by the International

Protection Agency.

(4) The International Protection Agency may extend the time

limit of six months for a period not exceeding a further nine

months, where

(a) complex issues of fact and, or law are involved;

(b) a large number of third-country nationals or stateless

persons simultaneously apply for international

protection, making it very difficult in practice to

conclude the procedure within the six-month time

limit;

(c) where the delay can clearly be attributed to the failure

of the applicant to comply with his obligations under

regulation 4

Provided that the International Protection Agency may

extend the time limit referred to in this regulation by a maximum

period of three months, to ensure an adequate and complete

examination of the application for international protection.

(5) When the examination procedure cannot be concluded due

to an uncertain situation in the country of origin, the International

Protection Agency may postpone concluding the examination

procedure. In such a case, the International Protection Agency

shall

(a) conduct reviews of the situation in that country of

origin at least every six months;

(b) inform the applicants concerned within a reasonable

time of the reasons for the postponement;

(c) inform the Commission within a reasonable time of the

postponement of procedures for that country of origin.

(6) The International Protection Agency shall ensure that the

examination procedure shall not exceed the maximum time limit of

twenty-one months from the lodging of the application.

(7) The International Protection Agency shall ensure that,

where a recommendation cannot be made within six months, the

applicant concerned shall

(a) be informed of the delay; or

(b) receive, upon his request, information on the time

frame within which the decision on his application is

to be expected

Provided that such information shall not constitute an

obligation for the International Protection Agency towards the

applicant concerned, to take a decision within that timeframe.

(8) The International Protection Agency may decide to

prioritize an examination of an application for international

protection, where

(a) the application is likely to be well-founded;

(b) the applicant is vulnerable or is in need of special

procedural guarantees, in particular unaccompanied

minors.

(1) The International Protection Agency shall assess

with in a reason able p eri od o f t ime after an application for

international protection is made whether the applicant is in need of

special procedural guarantees

Provided that the International Protection Agency may, for

the purpose of this regulation, lay down a procedure with a view to

determining whether a person is in need of special procedural

guarantees. The outcome of such an assessment shall be inserted in

the applicant’s file.

(2) The International Protection Agency shall ensure that

where an applicant has been identified as an applicant in need of

special procedural guarantees, such applicant will be provided with

adequate support throughout the whole procedure.

(3) Whenever it is considered that an applicant requires special

procedural guarantees as a consequence of having suffered torture,

rape or other serious form of psychological, physical or sexual

violence, the accelerated procedure referred to in article 23 of the

Act shall not be applied.

(4) The need for special procedural guarantees shall also be

addressed even if such need becomes apparent at a later stage and

even without the necessity of initiating new procedures.

(1) The International Protection Agency shall ensure that

applications for international protection are neither rejected nor

excluded from examination on the sole ground that they have not

been made as soon as possible.

(2) When examining applications for international protection,

the International Protection Agency shall first determine whether

the applicants qualify as refugees and if such applicants do not

qualify, determine whether the applicants are eligible for subsidiary

protection.

(3) The International Protection Agency shall ensure that

decisions on applications for international protection are taken after

an appropriate examination and that -

(a) applications are examined and decisions are taken

individually, objectively and impartially;

(b) precise and up-to-date information is obtained from

EASO and UNHCR as well as other relevant

international human rights organisations as to the

general situation prevailing in the countries of origin

of the applicants and, where necessary, in countries

through which they have transited and that such

information is made available to the personnel

responsible for examining applications and taking

decisions

Provided that the information referred to in this

paragraph shall be accessible to the International

Protection Appeals Tribunal for the purpose of taking

a decision on an application for international

protection;

(c) the personnel examining applications and taking

decisions have acquired the appropriate knowledge in

the field of asylum and refugee law;

(d) the International Protection Agency has the possibility

to seek advice, whenever necessary, from experts on

particular issues, such as medical, cultural, religious,

child-related or gender issues.

(4) The International Protection Agency shall provide for rules

concerning the translation of documents relevant for the

examination of applications.

(1) The International Protection Agency may, from time to

time, lay down the rules and guidelines applicable to the procedure

for the determination of an application.

(2) The International Protection Agency shall examine the

application as soon as possible and shall, in the assessment of the

credibility of an applicant’s claim, endeavour to gather all relevant

information that will enable him to make a recommendation taking

due account of the applicant’s cooperation in the proceedings.

(3) The applicant shall submit as soon as possible all elements

needed to substantiate the application for international protection.

Such elements shall consist of the applicant’s statements and all the

documentation at the applicant’s disposal regarding the applicant’s

age, background, including that of relevant relatives, identity,

nationality, country and place of previous residence, previous

applications for international protection, travel routes, travel

documents and the reasons for applying for international

protection.

(4)

For the purpose of this regulation, the International

Protection Agency or its representative shall retain all such

elements for as long as necessary.

(5) The International Protection Agency shall assess the

relevance of the elements referred to in sub-regulation (4). When

a s p e c t s o f t h e a p p l i c a n t ’s s t a t e m e n t s a r e n o t s u p p o r t e d b y

documentary or other evidence, such aspects shall not need

confirmation if

(a) the applicant has made a genuine effort to substantiate

his application;

(b) all relevant elements at the applicant’s disposal have

been submitted and a satisfactory explanation has been

given regarding any lack of other relevant elements;

(c) the applicant’s statements are found to be coherent and

plausible and do not run counter to specific and

general information available and relevant to the

applicant’s case;

(d) the applicant has applied for international protection at

the earliest possible time, unless the applicant can

demonstrate good reason for not having done so; and

(e) the general credibility of the applicant has been

established.

(6) The assessment of the application for international

protection shall be carried out on an individual basis taking into

account

(a) all relevant facts as they relate to the country of origin

at the time of taking a decision on the application,

including laws and regulations of the country of origin

and the manner in which they are applied;

(b) the relevant statements and documents presented by

the applicant including information on whether the

applicant has been or may be subject to persecution or

serious harm;

(c) the individual position and personal circumstances of

the applicant, including factors such as background,

gender and age, so as to assess whether, on the basis of

the applicant’s personal circumstances, the acts to

which the applicant has been or could be exposed

would amount to persecution or serious harm;

(d) whether the applicant’s activities since leaving the

country of origin were engaged in for the sole or main

purpose of creating the necessary conditions for

applying for international protection, so as to assess

whether those activities would expose the applicant to

persecution or serious harm if returned to that country;

(e) whether the applicant could reasonably be expected to

avail himself of the protection of another country

where he could assert citizenship.

(7) For the purpose of this regulation, where the International

Protection Agency deems it relevant for the assessment of an

application, the International Protection Agency shall, subject to

the applicant’s consent, arrange for a medical examination for the

applicant concerning signs that might indicate past persecution or

serious harm.

Medical examinations carried out in accordance with this

sub-regulation shall be paid for out of public funds.

(8) The medical examination referred to in sub-regulation (7)

shall be carried out by qualified medical professionals and the

result thereof shall be submitted to the International Protection

Agency as soon as possible

Provided that the applicant’s refusal to undergo such a

medical examination shall not prevent the International Protection

Agency from taking a decision on the application.

(9)

When no medical examination is carried out in accordance

with sub-regulation (7), the determining authority shall inform

applicants that they may, on their own initiative and at their own

cost, arrange for a medical examination concerning signs that might

indicate past persecution or serious harm.

(10) The International Protection Agency shall assess the results

of the medical examination along with the other elements of the

application.

(1) Before a decision is taken by the International

Protection Agency, the applicant shall be given the opportunity of a

p e r s o n a l i n t e r v i e w w i t h a p e r s o n c o m p e t e n t t o co n d u c t a n

interview.

(2) The International Protection Agency may initially provide

that a personal interview on the admissibility of the application for

international protection be conducted in accordance with article 24

of the Act.

(3) For the purpose of this regulation, the personal interviews

on the substance of the claim shall be conducted by personnel from

the International Protection Agency

Provided that when simultaneous applications for

international protection by a large number of third-country

nationals or stateless persons make it impossible for the

International Protection Agency to conduct timely interviews on

the substance of each application, the International Protection

Agency may provide that trained personnel of another authority be

temporarily involved in conducting such interviews.

(4) A legal adviser shall be allowed to assist the applicant in

accordance with procedures laid down by the International

Protection Agency and, where entitled to, free legal aid shall be

provided to the applicant.

(5) The personal interview referred to in sub-regulation (1)

may be omitted where

(a) the International Protection Agency is able to make a

positive recommendation on the basis of evidence

available; or

(b) where it is not reasonably practicable, in particular,

where the International Protection Agency is of the

opinion that the applicant is unfit or unable to be

interviewed owing to enduring circumstances beyond

his control; provided that when in doubt, the

International Protection Agency may require a medical

or psychological certificate to establish whether the

condition that makes the applicant unfit or unable to be

interviewed is of a temporary or enduring nature

Provided that where a personal interview is not

conducted pursuant to paragraph (b) or, where

applicable, with the dependant, reasonable efforts shall

be made to allow the applicant or the dependant to

submit further information.

(6) The absence of a personal interview in accordance with this

regulation shall not prevent the International Protection Agency

from taking a decision on an application for international

protection.

(7) Without prejudice to the provisions of regulation 20 the

International Protection Agency, when deciding on the application

for international protection, may take into account the fact that the

applicant failed to appear for the personal interview unless it had a

valid reason for such failure.

(8) A personal interview shall take place without the presence

of family members unless the International Protection Agency

considers it necessary for an appropriate examination to have other

family members present.

(9) The personal interview shall take place under conditions

which ensure appropriate confidentiality.

(10) A personal interview shall be conducted under conditions

which allow the applicant to present the grounds for his application

in a comprehensive manner and must

(a) ensure that the person who conducts the interview is

sufficiently competent to take account of the personal

or general circumstances surrounding the application

including the applicant’s cultural origin, gender,

sexual orientation, gender identity or vulnerability;

(b) ensure that the person who conducts the personal

interview is properly trained and has the acquired

knowledge of problems which might affect the

applicant’s ability to be interviewed.

For the purposes of this paragraph, the determining

authority has to ensure that all the persons conducting

the interviews have been provided with relevant

training in accordance with Article 6(4)(a) to (e) of

Regulation (EU) No 439/2010 as well as with relevant

training established and developed by the European

Asylum Support Office;

(c) ensure the presence of an interpreter who is able to

give appropriate communication between the applicant

and the person who conducts the interview. The

communication shall take place in the language

preferred by the applicant unless there is another

language which he or she understands and in which he

is able to communicate clearly;

(d) ensure whenever possible that the person conducting

the interview and interpreter, be a person of the same

sex if the applicant so requests, unless the

International Protection Agency has reason to believe

that such a request is based on grounds which are not

related to difficulties on the part of the applicant to

present the grounds of his application in a

comprehensive manner;

(e) ensure that the person who conducts the interview on

the substance of an application for international

protection does not wear a military or law enforcement

uniform; and

(f)

ensure that interviews with minors are conducted in a

child-appropriate manner

Provided that, for the purpose of this regulation, the

International Protection Agency may establish rules concerning the

presence of third parties at a personal interview.

(11) When conducting a personal interview on the substance of

an application for international protection, the determining

authority shall ensure that the applicant is given an adequate

o ppo rt un ity t o prese nt elem en ts n eeded to su bstan ti ate the

application as completely as possible, including the opportunity to

give an explanation regarding elements which may be missing and,

o r a n y i nc o n s i s t e n c i e s o r co n t r a d ic t i o n s i n t h e a p p l i c a n t ’s

statements.

(1) The International Protection Agency shall ensure that

either a thorough and factual report containing all substantive

elements or a transcript is made of every personal interview.

(2) The International Protection Agency may provide for audio

or audiovisual recording of the personal interview

Provided that where such recording has been made, the

International Protection Agency shall ensure that the recording or a

transcript thereof is available in connection with the applicant’s

file.

(3) The International Protection Agency shall ensure that the

applicant has the opportunity to make comments and, or provide

clarification, orally and, or in writing, with regard to any

mistranslations or misconceptions appearing in the report or in the

transcript, at the end of the personal interview or within a specified

time limit before the International Protection Agency takes a

decision, containing all substantive elements of the personal

interview.

(4) For the purpose of this regulation, the International

Protection Agency shall ensure that the applicant is fully informed

of the content of the report or the transcript containing all

substantive elements and where necessary with the assistance of an

interpreter.

(5) The International Protection Agency shall request the

applicant to confirm that the content of the report or the transcript

correctly reflects the interview

Provided that when the personal interview is recorded in

accordance with sub-regulation (2) and the recording is admissible

as evidence in the appeals procedure, the International Protection

Agency need not request the applicant to confirm that the content

of the report or the transcript correctly reflects the interview or to

make comments on and, or provide clarification of the transcript.

(6)

Where the applicant refuses to confirm that the content of

the report or the transcript correctly reflects the personal interview,

the reasons for his refusal shall be entered in the applicant’s file.

(7) A refusal to confirm the content of the report or the

transcript shall not prevent the International Protection Agency

from taking a decision on the application.

(8) The applicant and his legal adviser shall have timely access

to the report or the transcript and where applicable, the recording of

the personal interview, before a decision on the application is taken

by the International Protection Agency.

(9) When both a transcript and a recording of the personal

interview has been provided, the International Protection Agency

need not provide access to the recording in the procedures at first

instance, but shall nevertheless provide access to the recording in

the appeals procedures.

(10) Where the application is examined under accelerated

procedures in accordance with article 23 of the Act, access to the

report or the transcript, and where applicable, the recording may be

granted at the same time as the decision is made.

(1) An applicant shall be allowed to consult, at his own

expense, in an effective manner, a legal adviser in relation to his

ap plicati on for i ntern ational pro tection at all st ag es o f t he

procedure

Provided that in case of an appeal, free legal assistance

shall be granted under the same conditions applicable to Maltese

nationals. Free legal assistance shall include, at least, the

preparation of the required procedural documents and participation

in the hearing before a court or tribunal of first instance on behalf

of the applicant

Provided also that legal assistance and representation shall

not be arbitrarily restricted thus hindering the applicant’s effective

access to justice.

(2)

A legal adviser assisting and representing an applicant

shall enjoy access to the information in the applicant’s file, upon the

basis of which a decision is or will be made and as is liable to be

examined by the International Protection Appeals Tribunal insofar as

the information is relevant to the examination of the application

Provided that the legal adviser shall also enjoy access to

information regarding the general situation prevailing in the countries

of origin of the applicant and, where necessary, in countries through

which the applicant may have transited as well as other information in

relation to particular issues such as medical, cultural, religious and

child-related or gender issues

Provided further that the information referred to in the

last proviso to this sub-regulation, shall be made available to the

International Protection Appeals Tribunal

Provided

further

that

where

disclosure

of

such

information would jeopardize national security, the security of the

organisations or persons providing information or the security of the

persons to whom the information relates, or where the investigative

interests relating to the examination of applications for international

protection by the International Protection Agency or the international

relations of Malta would be compromised, such access shall be

precluded.

(3) The legal adviser who assists an applicant for international

protection shall have access to closed areas such as detention

facilities for the purpose of consulting the applicant, subject to

applicable rules concerning security, public order or administrative

management of the area.

(4) The International Protection Agency shall allow an

applicant to bring with him to the personal interview a legal

adviser. The legal adviser may only intervene at the end of the

personal interview

Provided that the International Protection Agency may, for

the purpose of this regulation, provide rules covering the presence

of legal advisers at all interviews in the first instance procedure

Provided further that the absence of a legal adviser shall not

prevent the International Protection Agency from conducting or

continuing the personal interview with the applicant.

(1)

When an applicant explicitly withdraws his

application, the International Protection Agency shall decide either to

discontinue the examination or reject the application. A notice to such

effect shall be entered in the applicant’s file.

(2)

When an applicant has implicitly withdrawn or

abandoned his application, the International Protection Agency shall

ensure that a decision is taken to either discontinue the examination or,

provided that such application is deemed to be unfounded on the basis

of an adequate examination of its substance, to reject the application.

(3)

If the International Protection Agency decides to

discontinue the examination without taking a decision, a notice to such

effect shall be entered in the applicant’s file

Provided that the International Protection Agency may

assume that the applicant has implicitly withdrawn or abandoned his

application for international protection when it is ascertained that

(a) he has failed to provide information essential to his

application or has not appeared for a personal

interview unless the applicant demonstrates, within a

reasonable time, that his failure was due to

circumstances beyond his control; or

(b) he has absconded or left without authorisation the

place where he lived or was held, without contacting

the competent authorities within a reasonable time or

he has not, within thirty (30) days, complied with

reporting duties or other obligations to communicate,

unless the applicant demonstrates that this was due to

circumstances beyond his control.

(4)

An applicant who reports again to the International

Protection Agency after a decision to discontinue the examination, is

entitled to request his case to be re-opened or to make a new

application which shall not be a subsequent application. Such

application shall be made in writing stating the reasons supporting

such a request

Provided that when an applicant reports again to the

International Protection Agency after nine (9) months of the decision

to discontinue the examination, then the applicant’s case can no longer

be reopened and the new application may be treated as a subsequent

application.

(5)

In case the examination of the application has been

discontinued, the applicant’s case may be reopened only once and the

International Protection Agency may decide to resume the

examination at the stage where the examination had been

discontinued.

(6)

Service of any document relating to the asylum

procedure shall be made by delivery to the applicant for international

protection either in person, or via electronic mail, or by post to his last

known address

Provided that when the applicant is assisted by a legal advisor

or representative, service of any document relating to the asylum

procedure can be made with his legal advisor or representative.

The International Protection Agency may decide that

international protection shall lapse where the beneficiary of

international protection has unequivocally renounced his protection or

has become a Maltese national. Unequivocal renunciation of

protection shall include inter alia

(a) a written statement by the beneficiary confirming that

he is renouncing his protection status; or

(b) failure to renew international protection within a

period of twelve (12) months from the lapse of the

validity of said protection or its renewal

Provided that in case a beneficiary of international

protection who has unequivocally renounced his protection

subsequently makes a request in person to the International Protection

Agency to have his international protection status reinstated, the

International Protection Agency shall review his request to determine

whether international protection should once again be granted,

provided that the person concerned still meets the eligibility criteria

and is not excluded from international protection

Provided further that the same provisions shall also apply to

beneficiaries of Temporary Humanitarian Protection.

(1) The decision on the eligibility for refugee status or

subsidiary protection status shall be made in writing following the

determination of the application.

(2) The decision referred to in sub-regulation (1) shall indicate

the reasons in fact and in law and in case of a negative decision, it

shall also include information clarifying the reasons for such

decision as well as an explanation on how such a negative decision

can be challenged

Provided that an applicant who has been recognised as

being in need of international protection shall, as soon as possible

after the respective refugee status or subsidiary protection status

has been granted to him, have access to information on the rights

and obligations relating to that status in a language which he

understands or may reasonable be supposed to understand

Provided further that if an applicant has been provided with

such information at an earlier stage, the International Protection

Agency need not include such information with the decision.

(3) When an application has been lodged on behalf of

dependants and whenever such an application is based on the same

grounds, the International Protection Agency may take a single

decision, covering all dependants, unless to do so would lead to the

disclosure of particular circumstances of an applicant which could

jeopardise his interests, in particular in cases involving gender,

sexual orientation, gender identity and, or age based persecution. In

such cases, a separate decision shall be issued to the person

concerned.

(1) All

information

concerning

applications

for

i nt e r na t i on a l pr o te c ti on sh a ll remain confiden ti al , wi th o ut

prejudice to access of the applicant’s file by the Minister.

(2) No information concerning an application shall, under any

circumstances, be disclosed to the alleged actor of persecution or

serious harm. Nor shall the M alt e s e a ut ho ri ti e s o bt a in a ny

information from the alleged actor of persecution or serious harm

in a manner that would result in such actor being directly informed

of the fact that an application has been made by the applicant in

question, and would jeopardise the physical integrity of the

applicant or his dependants, or the liberty and security of his family

members still living in the country of origin.

(1) Applicants shall be allowed to remain on the Maltese

t e r r i t o r y, f o r t h e s o l e p u r p o s e o f t h e p r o c e d u r e , u n t i l the

International Protection Agency has made a decision. This right to

remain shall not constitute an entitlement to a residence permit.

(2) Notwithstanding the provisions of any other law to the

contrary, and except where a subsequent application will not be

further examined pursuant to article 7A of the Act, or where an

applicant is to be surrendered or extradited as appropriate to

another Member State pursuant to obligations in accordance with a

European Arrest Warrant or otherwise, or to a third country or to

international criminal courts or tribunals, an applicant shall not be

removed from Malta before his application is finally determined

and such applicant shall be allowed to enter or remain in Malta

pending a final decision of his application.

(3) An exception from the right to remain in the territory may

be made where a person

(a) has lodged a subsequent application, which is not

further examined pursuant to article 7A of the Act,

merely in order to delay or frustrate the enforcement of

a decision which would result in his imminent

removal;

(b) makes another subsequent application in the same

Member State, following a final decision considering a

first subsequent application inadmissible pursuant to

article 24 of the Act or after a final decision to reject

that application as unfounded

Provided that the exception referred to in this regulation may

only be made so long as the International Protection Agency or the

International Protection Appeals Tribunal do not indicate, by means of

a notice in writing, that the return decision in respect of the person in

question would constitute direct or indirect refoulement.

(1) A medical examination to determine the age of

unaccompanied minors within the framework of any possible

application for international protection may be carried out where,

following general statements or other relevant indications, there are

still doubts concerning the applicant’s age. Such medical examination

shall be

(a) conducted in a language which he understands or is

reasonably supposed to understand;

(b) performed with full respect for the individual’s

dignity;

(c) the least invasive possible; and

(d) carried out by qualified medical professionals

allowing to the extent possible, for a reliable result.

(2)

For the purpose of this regulation, the relevant authorities

shall ensure that

(a) unaccompanied minors are informed prior to the

examination of their application for international

protection, and in a language they understand or are

reasonably supposed to understand, of the possibility

that their age may be determined by medical

examination. This shall include information on the

method of examination and the possible consequences

of the result of the medical examination for the

PROCEDURAL STANDARDS FOR GRANTING AND

WITHDRAWING INTERNATIONAL PROTECTION

examination of the application for international

protection, as well as the consequences of refusal on

the part of the unaccompanied minor to undergo the

medical examination;

(b) unaccompanied minors and, or their representatives

consent to a medical examination being carried out to

determine the age of the minors concerned;

(c) the decision to reject an application by an

unaccompanied minor who refused to undergo this

medical examination has not been based solely on that

refusal

Provided that an unaccompanied minor’s refusal to

undergo such a medical examination shall not prevent the

determining authority from taking a decision on the

application for international protection, and that the best

interests of the minor shall be a primary consideration in

any such decision.

(3) If after a medical examination has been carried out, there

is still doubt concerning the applicant’s age, the relevant

authorities shall assume that the applicant is a minor,

unless documents are presented which prove otherwise.

(1) With regard to an unaccompanied minor falling within

the provisions of article 13(3) of the Act action shall be taken as

soon as possible, and not later than thirty days from the issue of the

care order under that article, as follows

(a) the unaccompanied minor shall be represented and

assisted by a representative, appointed by the Chief

Executive Officer of the Agency for the Welfare of

Asylum Seekers, during all the phases of the asylum

procedure;

(b) the unaccompanied minor shall be informed

immediately of the appointment of a representative,

who shall perform his duties in the best interests of the

minor and shall also have the necessary knowledge of

the special needs of minors;

(c) the person acting as a representative shall be changed

only when necessary;

(d) it shall be ensured that the appointed representative of

the unaccompanied minor is given the opportunity to

inform the unaccompanied minor about the meaning

and possible consequences of the personal interview

and, where appropriate, how to prepare himself for the

personal interview. The representative shall be present

at the interview and may ask questions or make

comments within the framework set by the person who

conducts the interview;

(e) it shall be ensured that unaccompanied minors shall be

provided with legal and procedural information, free

of charge, in accordance with regulation 12;

(f)

where an unaccompanied minor has a personal

interview on his application for international

protection, that interview is to be conducted and the

decision prepared by a person who has the necessary

knowledge of the special needs of minors.

(2) For the purpose of sub-regulation (1), organisations or

individuals whose interests conflict or could potentially conflict

with those of the unaccompanied minor shall not be eligible to

become representatives.

(3) Without prejudice to sub-regulation (1), unaccompanied

minors shall be accommodated in centres specialised in

accommodation for minors or in any other accommodation suitable

for the minor or entrusted either to his adult relatives or a foster

family

Provided that in determining who will be entitled to assume

the custody of the minor, regard shall be had to the views of the

minor, taking into account the age and degree of maturity of such

minor

Provided further that, as far as possible, siblings shall be

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

c o n c e r n e d a n d t h e a g e a n d degree of maturity of the minor

concerned

Provided further that changes of residence of unaccompanied

minors shall be limited to a minimum.

(4) If an unaccompanied minor is granted international

protection, the authority responsible for the provision of services to

unaccompanied minors, with the assistance of international

organisations as necessary, shall proceed with the tracing of the

family members of the minor, provided that this is 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 himself 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 these persons is undertaken

on a confidential basis.

(1) When considering an application for refugee status, in

assessing the fear of persecution, the International Protection

Agency shall take account of the following elements

(a) the concept of race which shall in particular include

considerations of colour, descent, or membership of a

particular ethnic group;

(b) the concept of religion which shall in particular

include the holding of theistic, non-theistic and

atheistic beliefs, the participation in or abstention

from, formal worship in private or in public, either

alone or in community with others, other religious acts

or expressions of view, or forms of personal or

communal conduct based on or mandated by any

religious belief;

(c) the concept of nationality which shall not be confined

to citizenship or lack thereof but shall in particular

include membership of a group determined by its

cultural, ethnic, or linguistic identity, common

geographical or political origins or its relationship

with the population of another State;

(d) a group shall be considered to form a particular social

group where in particular

(i)

members of that group share an innate

characteristic, or a common background that

cannot be changed, or share a characteristic or

belief that is so fundamental to identity or

conscience that a person should not be forced to

renounce it; and

(ii) that group has a distinct identity in the relevant

country, because it is perceived as being

different by the surrounding society; and

(iii) depending on the circumstances in the country of

origin, a particular social group might include a

group based on a common characteristic or sexual

orientation. Sexual orientation cannot be

understood to include acts considered to be

criminal in Malta. Gender and sex related aspects,

including gender identity, gender expression and

sex characteristics, shall be given due

consideration for the purposes of determining

membership of a particular social group or

identifying a characteristic of such a group;

(e) the concept of political opinion which shall in

particular include the holding of an opinion, thought or

belief on a matter related to the potential actors of

persecution which include the State, parties or

organizations controlling the State or a substantial part

of the territory of the State and non-State actors if it

can be demonstrated that the other actors are unable or

unwilling to provide protection against persecution or

serious harm, and to their policies or methods, whether

or not that opinion, thought or belief has been acted

upon by the applicant.

(2) When assessing if an applicant has a well-founded fear of

being persecuted, it is immaterial whether the applicant actually

possesses th e racial, religious, national, social or pol itical

characteristic which attracts the persecution, provided that such a

characteristic is attribute d to the applic ant by the actor o f

persecution.

(1)

Notwithstanding the provisions of any other law

to the contrary, and notwithstanding any deportation or removal order,

a person declared to be a beneficiary of international protection shall

be entitled

(a) without prejudice to the provisions of articles 9 and 10

of the Act, to remain in Malta with freedom of

movement, and to be granted, as soon as possible,

personal documents, including a residence permit for a

period of three (3) years, which shall be renewable

Provided that a residence permit to be granted to a

family member may be valid for at least three (3) years

and shall be renewable;

(b) unless he is in custody awaiting judicial proceedings

for the commission of a criminal offence, or is serving

a term of imprisonment, to be given a Convention

Travel Document in the case of a refugee and a Travel

Document in accordance with relevant provisions of

national law in the case of a beneficiary of subsidiary

protection, entitling him to leave and return to Malta

without the need of a visa;

(c)

to have access to employment, social welfare,

integration programmes, appropriate accommodation, State

education and training and to receive State medical care

Provided that access to employment, social

welfare, integration programmes, State education and training

and State medical care including treatment of medical disorders

shall be granted under the same conditions as nationals

Provided further that the social welfare benefits

granted to beneficiaries of subsidiary protection may be limited

to core social welfare benefits

Provided further that beneficiaries of international

protection shall have access to accommodation under

equivalent conditions as other third-country nationals legally

residing in Malta.

(2)

(a)

Family members of a person granted refugee

status, if they are in Malta at the time of the decision or if they join him

in Malta, enjoy the same rights and benefits as the refugee so that

family unity may be maintained.

(b)

Family members of a person granted subsidiary

protection, if they are in Malta at the time of decision, enjoy the same

rights and benefits as the person enjoying subsidiary protection status

so that family unity may be maintained.

(3)

Beneficiaries of international protection who have

special needs, such as pregnant women, disabled people, persons who

have undergone torture, rape or other serious forms of psychological,

physical or sexual violence or minors who have been victims of any

form of abuse, neglect, exploitation, torture, cruel, inhuman and

degrading treatment or who have suffered from armed conflict, shall

be provided with adequate health care including treatment of medical

disorders.

(4)

Beneficiaries of International Protection shall be allowed

freedom of movement within the Maltese territory.

(5) Beneficiaries of temporary humanitarian protection shall be

entitled to the same rights and benefits as for beneficiaries of

subsidiary protection; provided however that the duration of protection

for beneficiaries of temporary humanitarian protection shall be of one

(1) year and shall be renewable. Documents issued to such persons

shall have the same period of validity as for their protection.

The High Commissioner -

(a) shall have access to applicants for international

protection, including those in detention, at the border,

and in airport or port transit zones;

(b) shall have access to information on individual

applications for international protection, on the course

of the procedure and on the decisions taken, when the

applicant for international protection agrees thereto;

(c) may be present during any interview and, to present

his views in writing, in the exercise of his

responsibilities under Article 35 of the Convention, to

any competent authorities regarding individual

applications for international protection at any stage of

the procedure as determined by the International

Protection Agency

Provided that such rights shall apply to an organisation

which is working in Malta on behalf of the UNHCR pursuant to an

agreement with Malta.

(1) The International Protection Agency may apply the

safe third country concept only where it is satisfied that the

applicant will be treated in accordance to the principles listed in

article 2 of the Act.

In determining an application as inadmissible on the basis

that a country is considered as a safe third country for the applicant,

i n ac c o r d a nc e w i t h ar t i c l e 2 4 o f t h e A c t , t h e I n t e r n a t i o n a l

Protection Agency shall

(a) ensure that there is a connection between the applicant

and the third country so that the applicant can

reasonably be considered as able to go to that country;

(b) ensure that the safe third country concept can be

applied to a particular country or applicant and that a

case-by-case consideration of the safety of the country

has been carried out;

(c) ensure that the safety of the third country is assessed

on an individual basis, taking into account any

analysis made by reputable international organizations

that may be available from time to time, including the

office of the United Nations High Commissioner for

Refugees

Provided that the applicant shall be able to appeal against

the inadmissibility of the application on the basis of the safe third

country if he can show that, should he be returned to such country,

he will be subjected to torture, cruel, inhuman or degrading

treatment or punishment

Provided further that the applicant shall also be allowed to

challenge the existence of a connection between such applicant and

the third country as well as to challenge the application of the safe

third country concept on the grounds that the third country is not

safe.

(2) In taking the decision referred to in sub-regulation (1), the

International Protection Agency shall

(a) inform the applicant of its decision;

(b) provide it with a document informing the authorities of

the third country, in the language of that country, that

the application has not been examined in substance.

(3) Where the third country does not permit the applicant to

enter its territory, the International Protection Agency shall ensure

that the applicant has access to the procedure for the examination

of his application in accordance with the Act or these regulations.

(1)A third country may, after an individual examination of

the application, be considered as a safe country of origin for a

particular applicant only if

(a) he or she has the nationality of that country; or

(b) he or she is a stateless person and was formerly

habitually resident in that country, and he or she has

not submitted any serious grounds for considering the

country not to be a safe country of origin in his or her

particular circumstances and in terms of his or her

qualification as a beneficiary of international

protection in accordance with articles 8 and 17 of the

Act.

(2) For the purpose of these regulations, the concept of safe

country of origin can only be applied to those countries which have

been designated as safe countries by the International Protection

Agency and included in the Schedule to the Act.