S.L. 420.9 Art. 7Restrictions on freedom of movement.

(1) The Principal Immigration Officer, may where necessary, decide that the applicant shall be allowed to reside only in a specific place that is adapted for housing applicants, for reasons of public order or to effectively prevent the applicant from absconding, where there is a risk of absconding, in particular with regard to:

(a) applicants who are required to be present in another Member State in accordance with Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013; or

(b) applicants who have been transferred to Malta in accordance with Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/ 2013 after having absconded to another Member State:

Provided that where an applicant has been allowed to reside only in a specific place in accordance with this sub-regulation, the provision of material reception conditions shall be subject to the actual residence by the applicant in such specific place.

(2) Applicants may be required to report to the Principal Immigration Officer at specified times or at reasonable intervals, provided that their rights under these regulations are not affected disproportionately.

(3) Such reporting requirements may be imposed to ensure compliance with the decisions referred to in sub-regulation (1) or to effectively prevent applicants from absconding.

(4) Upon the request of the applicant, the Principal Immigration Officer may grant the applicant permission to reside temporarily outside the place designated in accordance with sub-regulation (1). Decisions regarding such permission shall be taken objectively and impartially on the merits of the individual case and reasons shall be given where such permission is not granted:

Provided that the applicant shall not be required to request permission to attend appointments with authorities or courts where his attendance is necessary. The applicant shall notify the Principal Immigration Officer of such appointments.

(5) Decisions taken in accordance with sub-regulations (1) and (2) shall be proportionate and shall take into account relevant aspects of the individual situation of the applicant, including the specific reception needs of the applicant.

(6) The Principal Immigration Officer shall state reasons in fact and, where relevant, in law for any decision taken in accordance with sub-regulations (1) and (2) in that decision.

(7) Applicants shall be informed in writing of such a decision, as well as of the procedures for challenging the decision in accordance with regulation 27 and of the consequences of non-compliance with the obligations imposed by the decision.

(8) Applicants shall be provided with such information in a language that they understand or are reasonably supposed to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

(9) All decisions taken by the Principal Immigration Officer in accordance with this regulation shall be reviewed ex officio by the Immigration Appeals Board where such decisions have been in force for more than two (2) months.