IV. Unaccompanied Children Seeking Asylum
As described in chapter II, when police officers first apprehend an unaccompanied
child they are supposed to inform them of their right to claim asylum and ensure
representation by a competent guardian. Unaccompanied children who do not ask
for asylum have no regular status in Greece; nor do those who have had their asylum
application rejected or have otherwise fallen out of the asylum procedure. Children
who lack regular status can be detained and deported under the same procedures as
adult migrants. NGOs furthermore told Human Rights Watch that unaccompanied
children without regularized status cannot access all care centers and are often left
to fend for themselves. In contrast, those who do apply for asylum are entitled to a
temporary permission to stay until their claim is adjudicated. This permission to
stay—commonly referred to as the “red card”—protects them from deportation.
Unaccompanied children who seek asylum are also more likely to access care
centers (see chapter VI).
Unaccompanied children aged 14 and above may file an asylum application if
deemed mature enough by the competent police official to comprehend the meaning
of such an action. Children below age 14 may only submit an asylum application
through their legal representative. In practice, these children may be barred from
seeking asylum as they are often unaware of who their guardian is (see also chapter
II about the guardianship system).111
However, very few unaccompanied children actually do apply for asylum, even if they
have a well-founded fear of persecution. Many children interviewed by Human Rights
Watch said they do not want to apply for asylum, including because they have
experienced ill-treatment and violence at the hands of state agents. Others believe
that they have no chance of receiving refugee status in Greece. The recognition rate
at first instance in Greece in 2007 stood at 0.04 percent. During the first nine months
of 2008, it dropped further to 0.03 percent.112 Many children also told us they believe
111
Presidential Decree 90/2008, arts. 4.3, and 4.4; Presidential Decree 61/1999, art. 1.4.
112 Human Rights Watch interview with Panagiotis Hinofotis, deputy minister of interior, Athens, November 25, 2008 and
Human Rights Watch, Greece – Stuck in a Revolving Door, p. 92.
41
Human Rights Watch December 2008
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات