S.L. 420.5 Art. 16Families.

(1) For the purposes of this regulation, in cases where families already existed in the country of origin and were separated due to circumstances surrounding the mass influx, the following persons shall be considered to be part of a family:

(a) the spouse of the sponsor or his or her unmarried partner in a stable relationship, in so far as Maltese legislation or practice in force treats unmarried couples in a way comparable to married couples under Maltese law relating to aliens; the minor unmarried children of the sponsor or of his or her spouse, without distinction as to whether they were born in or out of wedlock or adopted;

(b) other close relatives who lived together as part of the family unit at the time of the events leading to the mass influx, and who were wholly or mainly dependent on the sponsor at the time.

(2) (a) In cases where the separate family members enjoy temporary protection in other Member States of the European Union, family members shall be reunited in Malta where the Chief Executive Officer is satisfied that thefamily members fall under the description ofsub-regulation (1)(a), taking into account the wish of the said family members.

(b) Family members may be reunited in Malta where the Chief Executive Officer is satisfied that the family members fall under the description of sub-regulation (1)(b), taking into account, on a case by case basis, the extreme hardship the f a m ily members would face i f t h e reunification did not take place.

(3) (a) Where the sponsor enjoys temporary protection in Malta and one or some family members are not yet in a Member S tate, the Commissioner shall allow the reunification of the family members, who are in need of protection, with the sponsor in the case where the Chief Executive Officer is satisfied that the family members fall under the description of sub-regulation (1)(a).

(b) Family members, who are not yet in a Member State and who are in need of protection, may be reunited with the sp on so r i n Malt a in th e case wh ere th e Chief Executive Officer is satisfied that the family members fall under the description of sub-regulation (1)(b), taking into account, on a case by ca se bas i s, the extreme hardship which the family members would face if the reunification did not take place.

(4) When applying this regulation the best interests of the children, if any, shall be taken into consideration.

(5) Without prejudice to the provisions of sub-regulations (1) to (4), and taking due account of the provisions of regulations 25 and 26, the Member State in which the reunification shall take place shall be agreed upon between Malta and the other Member States concerned.

(6) (a) Reunited family members shall be granted residence permits under temporary protection, and documents or ot her equivalent evidence shall be issued for thatpurpose.

(b) Transfers of family members onto the territory of another Member State, other than Malta, for the purposes of the re-unification under sub-regulation (2), shall result in the withdrawal of the residence permits issued, and the termination of the obligations towards the persons concerned relating to temporary protection, in Malta.

(7) At the request of another Member State, the Government of Malta shall provide information, as set out in the Second Schedule to these regulations, on a person receiving temporary protection which is needed to process a matter under this regulation.