S.L. 420.9 Art. 2Interpretation. Cap. 420.  S.L. 217.11.  S.L. 595.45.    Cap. 530.        Cap. 16.      Cap. 255.  S.L. 595.07.  S.L. 595.36.  Cap. 217.    S.L. 217.12.

In these regulations, unless the context otherwise requires:

"absconding" means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of Malta without permission from the competent authorities, for reasons which are not beyond the applicant’s control;

"accommodation centre" means any place used for the collective housing of applicants;

"Act" means the International Protection Act;

"Agency for the Welfare of Asylum Seekers" means the

Agency established by regulation 3 of the Agency for the Welfare of Asylum Seekers Regulations;

"applicant" means a third-country national or stateless person who has made an application for international protection in respect of which a final decision has not yet been taken;

"applicant with special reception needs" means an applicant requiring special conditions or guarantees in order to benefit from the rights and comply with the obligations provided for in these regulations;

"application for international protection" means a request for protection made to Malta by a third-country national or a stateless person who can be understood to be seeking refugee status or subsidiary protection status; "Charter of Fundamental Rights" means the Charter of Fundamental Rights of the European Union;

"daily expenses allowance" means an allowance provided periodically to applicants to enable them to enjoy a minimum degree of autonomy in their daily lives, whether provided as a monetary amount, in vouchers, as benefits in kind, or as a combination thereof, provided that such allowance includes a monetary amount;

"detention" means the confinement of an applicant in a particular place in Malta in accordance with these regulations, where the applicant is deprived of his freedom of movement;

"Detention Services Agency" means the Agency established by article 3 of the Detention Service (Establishment) Order;

"family members" means, insofar as the family already existed before the applicant arrived in the territory of Malta, the following members of the applicant’s family who are present in the territory of Malta during the procedure for international protection:

(a) the spouse of the applicant or his or her unmarried partner in a civil union or union of equivalent status in accordance with the Civil Unions Act;

(b) the minor children or dependent adult children of the couples referred to in paragraph (a), or of the applicant, provided that they are unmarried and regardless of whether they were born in or out of wedlock or were adopted as provided in article 113 of the

Civil Code;

(c) the father, mother or other adult responsible for the applicant, including an adult sibling, where the applicant is a minor and unmarried:

Provided that for the purposes of paragraphs (b)

and (c), a minor is considered unmarried provided that, on the basis of an individual assessment, the minor’s marriage would not be in accordance with articles 3, 4, 5 and 6 of the Marriage

Act, having regard, in particular, to the legal age of marriage;

"Identità" means the Agency established by article 3 of the Identity Malta Agency (Establishment) Order;

"International Protection Agency" means the Agency established by article 3 of the International Protection Agency (Establishment) Order; "Jobsplus" shall have the same meaning as assigned to it in article 2 of the Employment and Training Services Act;

"material reception conditions" means reception conditions that include housing, food, clothing and personal hygiene products, provided in kind, as financial allowances, in vouchers, or as a combination thereof, as well as daily expenses allowance;

"minor" means a third-country national or stateless person below the age of eighteen (18) years;

"Principal Immigration Officer" shall have the same meaning as assigned to it in the Immigration Act;

"reception conditions" means the full set of measures that Malta grants to applicants in accordance with these regulations;

"Regulation (EU) 2024/1348" means Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/ EU;"representative" means a natural person or an organisation, including a public authority, appointed by the competent authorities, with the necessary skills and expertise, including in relation to the treatment of and specific needs of minors, to represent, assist and act on behalf of an unaccompanied minor, as appropriate, in order to safeguard the best interests and general well-being of such minor, and to enable the said minor may benefit from the rights and comply with the obligations provided for in these regulations;

"risk of absconding" means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria as provided in regulation 2 of the Common Standards and Procedures for returning Illegally Staying Third-Country Nationals Regulations;

"unaccompanied minor" means a minor who arrives in the territory of Malta unaccompanied by an adult responsible for him, and for as long as that minor is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after he has entered the territory of Malta;

"UNHCR" means the Office of the United Nations High Commissioner for Refugees established by the United Nations General Assembly;

"United Nations High Commissioner for Refugees" means the High Commissioner of the United Nations responsible for refugees as established by the United Nations General Assembly.