government officials: two from the police (including the chairman) and two from the
Ministry of Foreign Affairs, with one from the Athens Bar Association and one from
UNHCR.278 At the end of 2007, Greece had a serious backlog of 19,015 cases awaiting
hearings before the Appeals Committee.279
UNHCR’s study of Greece’s compliance with the EC’s Qualification Directive included an
analysis of recommendations from the majority of the Appeals Committee, and found
that most majority recommendations were repetitive boilerplate with the same language
as first-instance decisions (“It is obvious that s/he abandoned his country in order to
find a job and improve his living conditions.”) and that “generally, there was no further
information relating to the facts or legal reasoning, and there were no recorded minutes
of the hearing.”280 These findings call into question whether Greece has met the
requirement of Article 39 of the EC’s Procedures Directive that asylum applicants should
have “an effective remedy” before a court or tribunal against a negative decision on their
first-instance asylum claim.281
“Tricks” to Knock Applicants Out of the Asylum Procedure
Many people told Human Rights that they had tried to apply for asylum in Greece, but
had been tricked into abandoning their asylum claims by their failure to comply with
procedural requirements that were not adequately explained and which they did not
understand or because of being physically prevented from lodging appeals within
specified time limits.
One problem is physical access to the Petrou Ralli police station. Just as most of the
hundreds of people who line up on the street outside Petrou Ralli are not able to lodge
applications for asylum in the first place, asylum seekers also experience obstacles in
physically being able to submit their appeals to the police station within the prescribed
deadline. “The police stop you from going, even if you carry a reference letter from GCR,”
said a red card holder who also works for one of the service providers. “I had many
documents to support my claim. The young guy opened my file; it was full of documents,
278
Presidential Decree90/2008, Article 26.
279
UNHCR, “Position on the Return of Asylum-seekers to Greece,” p. 5.
280
UNHCR, “Implementation of the Qualification Directive,” p. 33.
281
Article 39.1 Council Directive 2005/85/EC of December 1, 2005 on the minimum standards on procedures in member states
for granting and withdrawing refugee status.
Stuck in a Revolving Door
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