Out of the spotlight: The rights of foreigners and minorities are still a grey area of which the individual can reside in Greece for five years. 13 A work permit can also be issued for the same period of time, upon a second application on the basis of this refugee identity. These are renewable for a further five years and upon the completion of ten consecutive years of residence, an individual can apply for naturalization. In cases where the application is rejected, the rejection must be fully justified and the applicant is informed, in a language which they can understand, of their right to appeal this first-instance rejection within 30 days. The appeal is examined by the Minister of Public Order and a decision taken within 90 days of it being lodged, upon the Minister’s consultation with the six-member Board, consisting of the Legal Adviser to the Ministry, who acts as its President, a diplomatic officer and a legal adviser of the Ministry of Foreign Affairs, a high-ranking officer of the Greek Police, a representative of the Athens Bar Association, and the Legal Protection Officer of UNHCR in Greece. The Board hears the applicant’s case in their or their lawyer’s presence and a final decision is made by the Minister and conveyed to the applicant. UNHCR is informed of all the decisions taken. A second ab initio re-examination of a rejected asylum application is only undertaken in exceptional circumstances and where an applicant has provided additional new evidence to support their claim after receiving the negative decision on review of their application by the Minister and the Consultative Board. Such re-examinations of applications are also undertaken where the process through which the final decision was reached was found to be flawed on administrative grounds. The body that undertakes this procedural review of the decision-making process is the Council of 13 The “Green Card” is the third major document in the migrant legalization process, and is given to migrants who are not refugees and who have been granted residence and work permits. Amnesty International 5 October 2005 9 State ( ). In the absence of the application of the “exceptional circumstances” stipulation regarding reexamination, this is the only possibility of appeal available in practice against a final negative decision and it is an appeal on procedural grounds. In cases where the application has been rejected at this second stage but the applicant cannot be returned to their country of origin (due to health reasons, inaccessibility or adherence to the principle of non-refoulement), they may be granted the right to remain in the country for a one-year period, renewable on application, under “humanitarian” status ( ). There is a parallel process of “fast-track procedures of examination”. These procedures are applied in cases where the fear of persecution is deemed “unfounded” or where the applicant has arrived from a “safe third country”. People whose claims are processed through these procedures are generally held in detention in special closed facilities for “illegal entrants” in airport / port zones. The application of these designations (of an “unfounded” claim and “safe third country”) is decided by the Police Superintendent upon the recommendation of the National Security Directorate of the Ministry of Public Order. In such cases, the applicant must appeal a negative first-instance decision within 10 days and a final decision must be reached within 30 days by the General Secretary of the Ministry of Public Order. If the applicant is in detention in the transit area of a port or airport, these periods are shortened to five and 15 days respectively. Amnesty International is concerned that gaps exist in this legislative framework which lead to violations of the right to seek asylum under international refugee and human rights law. Specifically, the framework fails to adhere to international human rights law and standards in two respects: (i) at no stage of the process does it provide for an independent review of a AI Index: EUR 25/016/2005

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