S.L. 217.20 Art. 17Procedural safeguards.

(1) The Executive Chairperson or the authorities responsible for issuing the work permit, as the case may be, shall adopt a decision on the application for authorisation for the purpose of seasonal work. They shall notify the decision to the applicant in writing as soon as possible but not later than ninety days from the date on which the complete application was submitted.

(2) (a) In the case of an application for an extension to stay or for the renewal of the authorisation pursuant to regulation 14, they shall take all reasonable steps to ensure that the seasonal worker is not obliged to interrupt his or her employment relationship with the AS SEASONAL WORKERS [

same employer, or prevented from changing employer, due to ongoing administrative procedures: Provided that where the validity of the authorisation for the purpose of seasonal work expires during the procedure for extension or renewal, in accordance with these regulations, the seasonal worker shall be allowed to stay in Malta until a decision has been taken on the application, provided that the application was submitted within the period of validity of that authorisation and that the time period referred to in regulation 13 has not expired.

(b) The third country national concerned may be issued with a national temporary authorisation until a decision is taken, which may allow the seasonal worker to work until that decision is taken.

(c) During the period of examination of the application for extension or renewal, the relevant provisions of these regulations shall apply.

(3) Where the information or documentation supplied in support of the application is incomplete, the competent authorities shall notify the applicant, within a reasonable period of time, of the additional information that is required and set a reasonable deadline for providing it. The period referred to in sub-regulation

(1) shall be suspended until the additional information has been submitted.

(4) (a) Reasons for a decision declaring inadmissible an application for authorisation for the purpose of seasonal work or rejecting an application for authorisation for the purpose of seasonal work or refusing an extension of stay or renewal of the authorisation for the purpose of seasonal work shall be given in writing to the applicant. Reasons for a decision withdrawing the authorisation for the purpose of seasonal work shall be given in writing to both the seasonal worker and the employer.

(b) The relative written notification shall also specify information regarding the appeal procedure to such a decision that the third country national may lodge with the Immigration Appeals Board in accordance with the time limit established in the Act.

(5) Procedural safeguards concerning short stay visas are regulated in the relevant provisions of the Visa Code.