S.L. 420.7 Art. 6Time limits for the examination procedure.

(1) The International Protection Agency shall ensure that the examination procedure is concluded as soon as possible, without prejudice to an adequate and complete examination.

(2) The International Protection Agency shall also ensure that the examination procedure is concluded within six months of the lodging of the application.

(3) Where an application is subject to the procedure laid down in EU Regulation 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, the time limit of six months shall start to run from the day the Maltese authorities are determined as the Member State responsible in accordance with that Regulation, the applicant is on Maltese territory and has been taken in charge by the International Protection Agency.

(4) The International Protection Agency may extend the time limit of six months for a period not exceeding a further nine months, where:

(a) complex issues of fact and, or law are involved;

(b) a large number of third-country nationals or stateless persons simultaneously apply for international protection, making it very difficult in practice to conclude the procedure within the six-month time limit;

(c) where the delay can clearly be attributed to the failure of the applicant to comply with his obligations under regulation 4: Provided that the International Protection Agency may extend the time limit referred to in this regulation by a maximum period of three months, to ensure an adequate and complete examination of the application for international protection.

(5) When the examination procedure cannot be concluded due to an uncertain situation in the country of origin, the International Protection Agency may postpone concluding the examination procedure. In such a case, the International Protection Agency shall:

(a) conduct reviews of the situation in that country of origin at least every six months;

(b) inform the applicants concerned within a reasonable time of the reasons for the postponement;

(c) inform the Commission within a reasonable time of the postponement of procedures for that country of origin.

(6) The International Protection Agency shall ensure that the examination procedure shall not exceed the maximum time limit of twenty-one months from the lodging of the application.

(7) The International Protection Agency shall ensure that, where a recommendation cannot be made within six months, the applicant concerned shall:

(a) be informed of the delay; or

(b) receive, upon his request, information on the time frame within which the decision on his application is to be expected: Provided that such information shall not constitute an obligation for the International Protection Agency towards the applicant concerned, to take a decision within that timeframe.

(8) The International Protection Agency may decide to prioritize an examination of an application for international protection, where:

(a) the application is likely to be well-founded;

(b) the applicant is vulnerable or is in need of special procedural guarantees, in particular unaccompanied minors.