S.L. 420.6 Art. 12Modalities for material reception conditions.

(1) Where accommodation is provided in kind, it should take one or a combination of the following forms:

(a) premises used for the purpose of accommodating applicants during the examination of an application for asylum lodged at the moment of entry into Malta;

(b) accommodation centres which guarantee an adequate standard of living;

(c) other premises adapted for accommodating applicants:

Provided that, when accommodating applicants, due regard shall be given to gender and age-specific concerns, as well as the situation of vulnerable persons: Provided further that, wherever possible, dependent adult applicants are to be accommodated with close adult relatives who are in Malta.

(2) The authorities responsible for such accommodation shall ensure that applicants provided with the accommodation referred to in sub-regulation (1)(a), (b) and (c) are assured:

(a) protection of their family life;

(b) the possibility of communicating with relatives, legal advisers and representatives of the United Nations High Commissioner for Refugees and recognised non-governmental organisations. Particular attention shall be paid to the prevention of assault within the premises and accommodation centres referred to in sub-regulation (1)(a) and (b).

(3) If appropriate, minor children of applicants or applicants who are minors shall be lodged with their parents or with the adult family member responsible for them whether by law or by custom or with their unmarried siblings.

(4) Transfers of applicants from one accommodation facility to another shall take place only when necessary, and applicants shall be provided with the possibility of informing their legal advisers of the transfer and of their new address.

(5) Family members, legal advisers or counsellors of asylum seekers and representatives of the United Nations High Commissioner for Refugees or non-governmental organisations designated by the latter and recognised by the authorities responsible for the management of reception centres shall be granted access to accommodation centres and other accommodation facilities in order to assist the said asylum seekers; in granting such access the authorities responsible for the management of reception centres may impose such limits as they may deem appropriate on grounds relating to the security of the centres and facilities and of the asylum seekers.

(6) In exceptional circumstances modalities may be set for material reception conditions which are different from those provided for in this regulation, for a reasonable period which shall be as short as possible, when:

(a) an initial assessment of the specific needs of the applicant is required,

(b) accommodation capacities normally available are temporarily exhausted:

Provided that these different conditions shall, in any case, cover basic needs.

(7) Transfers of applicants from one facility to another shall take place only when necessary. Applicants shall be granted the possibility to inform their legal advisers of the transfer and of their new address.