S.L. 420.7 Art. 12Legal assistance.

(1) An applicant shall be allowed to consult, at his own expense, in an effective manner, a legal adviser in relation to his application for international protection at all stages of the procedure:

Provided that in case of an appeal, free legal assistance shall be granted under the same conditions applicable to Maltese nationals. Free legal assistance shall include, at least, the preparation of the required procedural documents and participation in the hearing before a court or tribunal of first instance on behalf of the applicant: Provided also that legal assistance and representation shall not be arbitrarily restricted thus hindering the applicant’s effective access to justice.

(2) A legal adviser assisting and representing an applicant shall enjoy access to the information in the applicant’s file, upon the basis of which a decision is or will be made and as is liable to be examined by the International Protection Appeals Tribunal insofar as the information is relevant to the examination of the application:

Provided that the legal adviser shall also enjoy access to information regarding the general situation prevailing in the countries of origin of the applicant and, where necessary, in countries through which the applicant may have transited as well as other information in relation to particular issues such as medical, cultural, religious and child-related or gender issues:

Provided further that the information referred to in the last proviso to this sub-regulation, shall be made available to the International Protection Appeals Tribunal:

Provided further that where disclosure of such information would jeopardize national security, the security of the organisations or persons providing information or the security of the persons to whom the information relates, or where the investigative interests relating to the examination of applications for international protection by the International Protection Agency or the international relations of Malta would be compromised, such access shall be precluded.

(3) The legal adviser who assists an applicant for international protection shall have access to closed areas such as detention facilities for the purpose of consulting the applicant, subject to applicable rules concerning security, public order or administrative management of the area.

(4) The International Protection Agency shall allow an applicant to bring with him to the personal interview a legal adviser. The legal adviser may only intervene at the end of the personal interview: Provided that the International Protection Agency may, for the purpose of this regulation, provide rules covering the presence of legal advisers at all interviews in the first instance procedure:

Provided further that the absence of a legal adviser shall not prevent the International Protection Agency from conducting or continuing the personal interview with the applicant.