L.S. 420.07 Regolamenti dwar l-Istandards ta’ Proċedura għall-Għoti u l-Irtirar tal-Protezzjoni Internazzjonali

(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 Interpretation. Amended by: XL.2020.

1. Cap.
2. 2 [ S.L.420.07 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION 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; Cap.
3. "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; Guarantees and obligations of applicants. "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. 4.

(1)The applicant shall be: (

1. a)informed: (
2. 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; PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 (
3. 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; (
4. iv)of the consequences of an explicit or implicit withdrawal of the application; (
5. 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; (
6. b)granted the services of an interpreter for submitting his case to the competent authorities whenever necessary; (
7. 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; (
8. 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; (
9. e)provided with information on how to challenge a negative decision; (
10. 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 – (

1. 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; (
2. b)report or appear before the International Protection Agency without delay or at a specified time; (
3. c)inform the competent authorities of his current place of residence or address and of any changes thereof as soon as possible; (
4. d)hand over all documents in his possession; (
5. e)be subject to search and his oral statements may be recorded subject to the applicant being previously informed thereof: 3 4 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 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; (
6. f)be photographed and have his fingerprints taken; and (
7. g)be provided with information relating to legislation and procedure, free of charge. Access to the procedure. 5.

(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 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 5 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. 5A.

(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. Information and counselling in detention facilities and at border crossing points. Added by: L.N. 488 of 2021.

(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. 6.

(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 Time limits for the examination procedure. 6 [ S.L.420.07 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION 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: (

1. a)complex issues of fact and, or law are involved; (
2. 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; (
3. 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: (

1. a)conduct reviews of the situation in that country of origin at least every six months; (
2. b)inform the applicants concerned within a reasonable time of the reasons for the postponement; (
3. 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: (

1. a)be informed of the delay; or (
2. 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 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 7 protection, where: (

1. a)the application is likely to be well-founded; (
2. b)the applicant is vulnerable or is in need of special procedural guarantees, in particular unaccompanied minors. 7.

(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: Applicants 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. 8.

(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 (

1. a)applications are examined and decisions are taken individually, objectively and impartially; (
2. 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 Requirements for the examination of applications. 8 [ S.L.420.07 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION 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; (
3. c)the personnel examining applications and taking decisions have acquired the appropriate knowledge in the field of asylum and refugee law; (
4. 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. Examination of facts and circumstances. 9.

(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: (

1. a)the applicant has made a genuine effort to substantiate his application; (
2. 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; (
3. c)the applicant’s statements are found to be coherent and plausible and do not run counter to specific and PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 general information available and relevant to the applicant’s case; (
4. 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 (
5. 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: (

1. 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; (
2. 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; (
3. 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; (
4. 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; (
5. 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 9 10 [ S.L.420.07 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION 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. Personal interview. 10.

(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: (

1. a)the International Protection Agency is able to make a positive recommendation on the basis of evidence available; or (
2. 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 (
3. b)or, where applicable, with the dependant, reasonable efforts shall be made to allow the applicant or the dependant to submit further information. PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07

(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: (

1. 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; (
2. 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)(

1. a)to (
2. e)of Regulation (EU) No 439/2010 as well as with relevant training established and developed by the European Asylum Support Office; (
3. 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; (
4. 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; (
5. e)ensure that the person who conducts the interview on 11 12 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 the substance of an application for international protection does not wear a military or law enforcement uniform; and (
6. 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. Reporting and recording of personal interviews. 11.

(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 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 13 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. 12.

(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 Legal assistance. Amended by: L.N. 488 of 2021; L.N. 104 of 2024. 14 [ S.L.420.07 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION 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. Withdrawal of the application. Amended by: XL.2020.26. Substituted by: L.N. 488 of 2021. 13.

(1)When an applicant explicitly withdraws his application, the International Protection Agency shall decide either to discontinue the examination or reject the application. A notice to such effect shall be entered in the applicant’s file.

(2)When an applicant has implicitly withdrawn or abandoned his application, the International Protection Agency shall ensure that a decision is taken to either discontinue the examination or, provided that such application is deemed to be unfounded on the basis of an adequate examination of its substance, to reject the application.

(3)If the International Protection Agency decides to discontinue the examination without taking a decision, a notice to such effect shall be entered in the applicant’s file: Provided that the International Protection Agency may assume that the applicant has implicitly withdrawn or abandoned his application for international protection when it is ascertained that: (

1. 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 (
2. 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 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 15 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. 13A. The International Protection Agency may decide that international protection shall lapse where the beneficiary of international protection has unequivocally renounced his protection or has become a Maltese national. Unequivocal renunciation of protection shall include inter alia: (a) a written statement by the beneficiary confirming that he is renouncing his protection status; or (b) failure to renew international protection within a period of twelve

(12)months from the lapse of the validity of said protection or its renewal: Provided that in case a beneficiary of international protection who has unequivocally renounced his protection subsequently makes a request in person to the International Protection Agency to have his international protection status reinstated, the International Protection Agency shall review his request to determine whether international protection should once again be granted, provided that the person concerned still meets the eligibility criteria Lapse of International Protection. Added by: L.N. 488 of 2021. 16 [ S.L.420.07 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION and is not excluded from international protection: Provided further that the same provisions shall also apply to beneficiaries of Temporary Humanitarian Protection. Decision by the International Protection Agency. 14.

(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. Confidentiality. 15.

(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. Right to remain. Amended by: XL.2020.27. 16.

(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 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 17 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: (

1. 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; (
2. 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. 17.

(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: (

1. a)conducted in a language which he understands or is reasonably supposed to understand; (
2. b)performed with full respect for the individual’s dignity; (
3. c)the least invasive possible; and (
4. 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: (

1. 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 Unaccompanied minors. Amended by: L.N. 488 of 2021; L.N. 104 of 2024. 18 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 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; (
2. b)unaccompanied minors and, or their representatives consent to a medical examination being carried out to determine the age of the minors concerned; (
3. 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. Unaccompanied minor falling within the provisions of article 13

(3)of the Act. Amended by: L.N. 488 of 2021; L.N. 273 of 2022.

(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. 18.

(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: (

1. 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; (
2. 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; (
3. c)the person acting as a representative shall be changed only when necessary; (
4. 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; (
5. e)it shall be ensured that unaccompanied minors shall be provided with legal and procedural information, free of charge, in accordance with regulation 12; (
6. f)where an unaccompanied minor has a personal PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 19 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. 19.

(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: (

1. a)the concept of race which shall in particular include considerations of colour, descent, or membership of a particular ethnic group; (
2. 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; Assessing the reasons for persecution for the granting of refugee status. Amended by: XL.2020.28. 20 [ S.L.420.07 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION (
3. 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; (
4. d)a group shall be considered to form a particular social group where in particular: (
5. 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 (
6. 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; (
7. 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. Rights of refugees and persons granted subsidiary protection status. Amended by: XL.2020.29. Substituted by: L.N. 488 of 2021. 20.

(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 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 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; (

1. 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; (
2. 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)(

1. 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. (
2. 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. 21 22 [ S.L.420.07 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION

(4)Beneficiaries of International Protection shall be allowed freedom of movement within the Maltese territory. The High Commissioner.

(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. 21. The High Commissioner (

1. a)shall have access to applicants for international protection, including those in detention, at the border, and in airport or port transit zones; (
2. 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; (
3. 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. Assessing a third country as safe. 22.

(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: (

1. 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; (
2. 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; (
3. 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 PROCEDURAL STANDARDS FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION [ S.L.420.07 23 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: (

1. a)inform the applicant of its decision; (
2. 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. 23.

(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: (

1. a)he or she has the nationality of that country; or (
2. 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. The concept of safe country of origin. Amended by: L.N. 488 of 2021.