S.L. 217.7 · Permission To Reside For Victims (S.L. 217.7)
S.L. 217.7 Art. 3Co-operation and reflection period.
Sub-title VIII Bis of Title VIII of the Criminal Code;
(1) When it appears to the Principal Immigration Officer that the third country national is co-operating with him in the fight against trafficking of human beings or, where applicable, against action to facilitate illegal immigration, he shall inform the third country national concerned of the possibilities offered under these regulations.
(2) The Principal Immigration Officer may invite a non-governmental organisation or another relevant association to give such information to the third country national concerned.
(3) The Principal Immigration Officer shall grant a period of reflection, of not more than two months, with effect from the day when the information referred to in subregulation (1) is given by the Principal Immigration Officer, for the third country national to detach himself from the influence of the perpetrators of the offence so as to enable him to take an informed decision on the possibility of co-operating.
(4) During the reflection period the third country national shall not be removed from Malta: Provided that the reflection period shall not create any entitlement to residence under these regulations.
(5) During the period of reflection, while due regard is had to his safety and protection needs, the third country national who does not have sufficient resources shall be provided with:
(i) the standards of living capable of ensuring his subsistence;
(ii) access to emergency medical care; and, where applicable:
(iii) attention to the needs of the most vulnerable;
(iv) psychological assistance;
(v) translation and interpreting services; WHO CO-OPERATE WITH THE MALTESE AUTHORITIES [
(vi) free legal aid: Provided that in the case where the third country national is a minor, he shall have access to the public education system under the same conditions as Maltese nationals.
(6) The period of reflection shall be terminated at any time by the Principal Immigration Officer for reasons relating to public policy or the protection of national security or if he establishes that the third country national concerned has actively, voluntarily and on his own initiative renewed contact with the perpetrators of the offences of trafficking of persons or facilitating illegal immigration.