Cap. 420 ст. 23Manifestly unfounded applications.

(1) A person seeking international protection in Malta in terms of article 8 shall be examined under accelerated procedures in accordance with this article when his application appears to be manifestly unfounded.

(2) Where the International Protection Agency is of the opinion, at whichever stage, that the application is manifestly unfounded, the Chief Executive Officer shall examine the application within three working days and shall, where applicable, decide that the application is manifestly unfounded.

(3) The decision shall immediately be referred to the Chairperson of the International Protection Appeals Tribunal who shall examine and review the decision of the International Protection Agency within three working days.

(4) The decision of the Chairperson of the International Protection Appeals Tribunal on whether the application is manifestly unfounded shall be final and conclusive and, notwithstanding the provisions of any other law, no appeal or form of judicial review shall lie before the Tribunal or before any other court of law.

(5) Where, following the procedures outlined in the previous provisions of this article, an application is rejected, the Chairperson of the International Protection Appeals Tribunal shall send a copy of the decision with the grounds therefor to the Minister and the International Protection Agency.

(6) Any interview with the applicant under the foregoing provisions of this article shall, where necessary, be conducted in private and with the assistance of an interpreter. The applicant shall also be informed of his right to obtain the services of a legal adviser to assist him during accelerated proceedings and to consult the High Commissioner.

(7) Where the application is considered not to be manifestly unfounded such application shall be examined under normal procedures as provided under this Act.

(8) Without prejudice to the generality of the foregoing provisions of this article, if in the process of examining any application submitted in terms of article 8, the Chief Executive Officer arrives at the conclusion that the application should be dealt with under accelerated procedures on the basis of its being manifestly unfounded or because the applicant has found or could have found safe protection elsewhere in terms of the Convention and the Directives, the application shall be dealt with under accelerated procedures and the foregoing provisions of this article shall mutatis mutandis apply.

(9) If an applicant holds a travel document issued by a safe third country pursuant to the Convention and the Directives, he may be declared to have been safe from persecution in such State and his application shall be dealt with under accelerated procedures in accordance with the foregoing provisions of this article.