ANNUAL POLICY REPORT 2012
4.2 Return
The return of third country nationals is regulated by the Articles 16 to 41 of
Law 3907/2011142 according to which in case of refusal to grant or renew the
residence permit, and in case of revocation of the residence permit in force, the
competent authority (Secretary General of Decentralised Administration or
Minister of Interior) shall issue a return decision of the third country national.
The return decision is an integral part of the decision to reject the application
for residence permit or withdraw the residence permit.
According to Article 24 of Law 3907/2011143, the decision to postpone the
removal is served to third-country nationals and consists written confirmation
that a return cannot be executed temporarily (certificate of postponement of
removal). This certificate is valid for six months and can be renewed after a
new judgement on the continuation of the impossibility of the removal. During
the duration of the written confirmation, the holder has a temporary right of
residence in Greece and in any case he should remain available to those
authorities responsible for the enforcement of the removal and cooperate with
them in order to make it possible in short time. Also, Article 37 of Law
3907/2011144 provides for the issue, after a proposal by the Ministers of
Interior, of Labour, and of Citizen Protection, of a presidential decree defining
the employment sectors and regions of the country where third country
nationals can be hired as employees, when their return has been postponed,
the status of their insurance coverage, the terms, conditions, procedures and
the responsible institution for the issue of the work permit and any other
relevant matter. It is noted that the aforementioned Presidential Decree has
not been issued the so far.
In 2012 the implementation of the provisions of the 3907/2011 concerning the
operation of reception centers was attempted in order to tackle the problems
associated with the conditions of detention of third country nationals.
Specifically, the design of the First Reception Centers has progressed, the first
of which being expected to operate in 2013. On 11/7/2012 the Minister of
Public Order and Citizen Protection N. Dendias, after meeting with Home Affairs
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142
Gov. G. A‐7/26.01.2011 N.3907/2011 "Establish Asylum and first reception Services, adaptation of
Greek legislation to the provisions of Directive 2008/115/EC" on common standards and procedures in Member ‐
States to returning illegally staying third‐country nationals "and other provisions.
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