S.L. 420.9 Art. 25Unaccompan-ied minors.

(1) Where an application is made by a person who claims to be a minor, or in relation to whom there are objective grounds to believe that such person is a minor, the Agency for the Welfare of Asylum Seekers shall designate:

(a) a person suitable to provisionally act as a representative until a representative has been appointed;

(b) a representative, as soon as possible, provided that this shall be done not later than fifteen (15) working days from the date on which the application is made.

(2) The representative and the person suitable to provisionally act as a representative shall meet with the unaccompanied minor and shall take into account the minor’s own views about his own needs.

(3) Where the Agency for the Welfare of Asylum Seekers has assessed that an applicant who claims to be a minor is without any doubt above the age of eighteen (18) years, the Agency shall not be required to appoint a representative or designate a person suitable to provisionally act as a representative in accordance with sub-regulations (1)(a) and (b), respectively.

(4) Where the implementation of measures indicated in the respective national contingency plan is insufficient to respond to a disproportionate number of applications made by unaccompanied minors, or in other exceptional situations, the appointment of representatives may be delayed by ten (10) working days and the number of unaccompanied minors per representative may be increased up to a maximum of fifty (50) unaccompanied minors:

Provided that a natural person appointed as a representative or designated as a person suitable to provisionally act as a representative in charge of a proportionate and limited number of unaccompanied minors, shall not be responsible for more than thirty

(30) unaccompanied minors at the same time, in order to ensure that such person is able to perform tasks effectively.

(5) When applying sub-regulation (4), the Agency for the Welfare of Asylum Seekers shall inform the Commission and the European Union Asylum Agency accordingly.

(6) The duties of the representative and the person suitable to provisionally act as a representative shall cease where the Agency for the Welfare of Asylum Seekers, following the age assessment referred to in 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, do not assume that the applicant is a minor or consider that the applicant is not a minor, or where the applicant is no longer an unaccompanied minor.

(7) The person suitable to provisionally act as a representative shall be immediately informed when an application for international protection is made by an unaccompanied minor of any relevant facts pertaining to such minor:

Provided that persons whose interests conflict or may potentially conflict with those of the unaccompanied minor shall not be designated as a person suitable to provisionally act as a representative:

Provided further that the unaccompanied minor shall be immediately informed that a person suitable to provisionally act as a representative has been designated.

(8) Where an organisation is appointed as a representative or designated as a person suitable to provisionally act as a representative, a natural person shall be appointed to carry out the tasks of the representative in respect of the unaccompanied minor.

(9) The representative provided for in sub-regulation (1) shall be the same person as established in 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.

(10) The Agency for the Welfare of Asylum Seekers shall immediately inform:

(a) the unaccompanied minor that a representative has been appointed for him and how to file a complaint against said representative in a confidential and safe manner appropriate to the applicant’s age and in a manner that ensures that the minor understands such information; and

(b) the representative of relevant facts pertaining to the unaccompanied minor.

(11) The representative or the person suitable to provisionally act as a representative shall be changed only where necessary, in particular, when the Agency for the Welfare of Asylum Seekers considers that the representative or person has not performed his tasks adequately:

Provided that organisations or natural persons whose interests conflict or may potentially conflict with those of the unaccompanied minor shall not be appointed as a representative or designated as a person suitable to act as a representative.

(12) The Chief Executive Officer of the Agency for the Welfare of Asylum Seekers or his designated representative shall be responsible to supervise the proper performance of tasks by the representatives and persons suitable to provisionally act as representatives, including by reviewing the criminal records of those appointed representatives and designated persons at regular intervals in order to identify potential conflicts with their role.

(13) The Chief Executive Officer of the Agency responsible for the Welfare of Asylum Seekers or his designated representative shall review complaints filed by unaccompanied minors against their appointed representatives or designated persons.

(14) Unaccompanied minors who apply for international protection, from the moment they are admitted into Maltese territory until the moment they are obliged to leave Maltese territory, shall be placed:

(a) with adult relatives;

(b) with a foster family;

(c) in accommodation centres with special provisions for minors;

(d) in other accommodation suitable for minors.

(15) Unaccompanied minors aged sixteen (16) or over may be placed in accommodation centres for adult applicants, if it is in their best interests:

Provided that as far as possible, siblings shall be kept together, taking into account the best interests of the minor concerned and, in particular, their age and degree of maturity. Changes of residence of unaccompanied minors shall be limited to a minimum.

(16) The Agency responsible for the Welfare of Asylum Seekers shall start tracing the members of the unaccompanied minor’s family, where necessary with the assistance of international or other relevant organisations, as soon as possible after an application for international protection is made, whilst protecting the best interests of the unaccompanied minor:

Provided that where there is a possible threat to the life or integrity of the minor or the minor’s close relatives, in particular if those relatives have remained in the country of origin, care shall be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis, in order to avoid jeopardising their safety.