S.L. 420.6 Art. 6Detention, residence and freedom of movement.

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

Immigration Officer may, when it proves necessary and if other less coercive measures cannot be applied effectively, order the detention of an applicant for one or more of these reasons, pursuant to an individual assessment of the case:

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

(b) in order to determine those elements on which the application is based which could not be obtained in the absence of detention, in particular when there is a risk of absconding on the part of the applicant;

(c) in order to decide, in the context of a procedure, in terms of the Immigration Act, on the applicant’s right to enter Maltese territory;

(d) when the applicant is detained subject to a return procedure under the Common Standards and Procedures for Returning Illegally Staying Third-Country Nationals Regulations, in order to prepare the return or carry out the removal process, and the Principal Immigration Officer can substantiate, on the basis of objective criteria, including that the applicant already had the opportunity to access the asylum procedure, that there are reasonable grounds to believe that the applicant is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision;

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

(f) in accordance with Article 28 of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person: Provided that administrative procedures relevant to the grounds for detention set out in this regulation shall be executed with due diligence: Provided further that delays in administrative procedures that cannot be attributed to the applicant shall not justify a continuation of detention.

(2) A detention order issued by the Principal Immigration Officer in writing, in a language which the applicant is reasonably supposed to understand, shall state the reason or reasons on which it is based:

Provided that wherever the Principal Immigration Officer issues such a detention order he shall also inform the applicant of procedures to challenge detention and obtain free legal assistance and representation.

(3) The Immigration Appeals Board shall, with due regard to article 25A(10) of the Immigration Act, review the lawfulness of detention after a period of seven (7) working days, which may be extended by another seven (7) working days by the Board for duly justified reasons.

(4) If the applicant is still detained, a review of the lawfulness of detention shall be held after periods of two months thereafter. Wherever the Immigration Appeals Board rules that detention is unlawful, the applicant shall be released immediately.

(5) An applicant shall be provided with free legal assistance and representation during the review of the lawfulness of his detention in accordance with sub-regulation (3). Free legal assistance and representation entails preparation of procedural documents and participation in any hearing before the Immigration Appeals Board.

(6) The Principal Immigration Officer shall have the possibility to grant applicants temporary permission to leave detention. The Principal Immigration Officer shall take the decisions individually, objectively and impartially and shall give reasons if the decisions are negative: Provided that the applicant shall be given the facility to keep appointments with authorities and courts if his appearance thereat is necessary.

(7) Any person detained in accordance with these regulations shall, on the lapse of nine months, be released from detention if he is still an applicant.

(8) Where the Principal Immigration Officer does not order the detention of an applicant in accordance with sub-regulation (1), he may require the applicant:

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

(b) to reside at an assigned place. For the purposes of this paragraph, the Principal Immigration Officer shall have the possibility to grant temporary permission to leave. The Principal Immigration Officer shall take the decisions individually, objectively and impartially and shall give reasons if the decisions are negative: Provided that the applicant shall in no case require permission to keep appointments with authorities and courts if his appearance thereat is necessary: Provided further that wherever the applicant is not required to reside at an assigned place, he shall be required to notify any change of address to the Principal Immigration Officer within not more than twenty-four hours;

(c) to deposit or surrender documents; or

(d) to place a one-time guarantee or surety, with the Principal Immigration Officer. Such measures shall have a maximum duration of nine months: Provided that, if the applicant concerned does not comply with conditions referred to in this sub-regulation, the Principal Immigration Officer may order the detention of such applicant in accordance with the terms and conditions prescribed in this sub-regulation.

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