Special procedural guarantees

Malta

Country Report: Special procedural guarantees Last updated: 19/05/21

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Special procedural guarantees

Adequate support during the interview

According to the law, the IPA shall assess applications from those in need of special procedural guarantees within a reasonable period of time and ensure that such applicants are provided with adequate support throughout the whole procedure.[1]

As mentioned above, the IPA put in place a special fast-track procedure for applicants identified as vulnerable and in need of special procedural guarantees. Substantiated referrals may be made by any entity, following which the IPA will assess the alleged vulnerability and proceed accordingly.

Exemption from special procedures

The accelerated procedure shall not be applied in case 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.[2]

Special guarantees are also foreseen for unaccompanied children. For example, it shall be ensured that minors are provided with legal and procedural information, free of charge on their application for international protection, and the interview is to be conducted and the decision prepared by a person who has the necessary knowledge of the special needs of minors.[3]

Moreover, the Refugees Act provides that unaccompanied children may only be subject to the accelerated procedure where:

  • they come from a safe country of origin;
  • have introduced an admissible subsequent application; or
  • present a danger to national security or public order or have been forcibly expelled for public security or public order reasons.[4]

 

[1]           Regulation 7 Procedural Regulations.

[2]           Regulation 7 Procedural Regulations.

[3]           Regulation 18 Procedural Regulations.

[4]           Article 23A International Protection Act.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation