obliged to write it down. At the end, though, he wrote, ‘manifestly unfounded, came for
economic reasons.’”244
Grounds for Protection
The standard that an asylum applicant in Greece needs to meet in order to be recognized
as a refugee is the same (a well-founded fear of being persecuted for reasons of race,
religion, nationality, membership in a particular social group, or political opinion) as that
of the Refugee Convention and the European Council directive on the qualifications for
refugee status, which has been transposed into Greek law.245
Greek law also provides a humanitarian status for applicants whose refugee claims are
rejected but who in exceptional cases and for humanitarian reasons can be provided
with a one-year residence permit, at which point they are expected to depart Greece
unless that remains impossible.246 In contrast, refugees are granted five-year permits. 247
In July 2008, Greece enacted new legislation, Presidential Decree 96/2008, to bring its
qualifications for refugee status and other forms of international protection into
conformity with EU standards. This law adds a new ground for protection, subsidiary
status, for persons who would face “serious harm” if returned. Serious harm is defined
to include the death penalty, torture or inhuman and degrading treatment, and serious
threats to a civilian��s life or physical integrity on account of indiscriminate violence in
situations of armed conflict.248 The July 2008 law stipulates that beneficiaries of
subsidiary protection will be granted renewable two-year residence permits.249 The law
provides all beneficiaries of international protection with work authorization, access to
education, social welfare, and health care on a par with Greek nationals.250
244
Human Rights Watch interview with Pappa, June 2, 2008.
245
Presidential Decree96/2008, Article 2 (c). See also EC Directive 2004/83/EC, Minimum standards for the qualification and
status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection
for other reasons (L 304/30.09.2004), April 29, 2004.
246
Presidential Decree61/1999, Article 8. People granted humanitarian status are not automatically eligible for work permits,
but are eligible for residence permits, which allow them to apply for work permits.
247
Presidential Decree96/2008, Article 24.1.
248
Presidential Decree96/2008 Official Gazette A’ 152/30-07-2008, Article 15.
249
Presidential Decree96/2008, Article 24.2.
250
Presidential Decree96/2008, Articles 26, 27, 28, and 29.
95
Human Rights Watch November 2008
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