Out of the spotlight: The rights of foreigners and minorities are still a grey area rejected application on the substance of the claim; and (ii) it lacks provisions explicitly safeguarding against the risk of refoulement. In addition to these shortcomings, in practice, a number of the provisions outlined above are either not adhered to or implemented in a ways that put individuals at risk of refoulement. The next two sections provide a review of the major problems arising from the implementation of this framework. The first section outlines concerns relating to the lack of provisions in the legislation to guarantee that the principle of non-refoulement is adhered to. The second section outlines the authorities’ failure to apply the provisions of the legislation. The research presented here has not covered a second area of refugee protection, which concerns the provisions of the Refugee Convention relating to the social integration and long-term assistance that state parties are required to afford recognized refugees within their territory. On this issue, academic research, 14 as well as UNHCR documents show that there are currently no legislative or policy provisions in Greece relating specifically to this area of human rights protection, although in this field research is still sketchy. In law, recognized refugees are afforded the same rights as anyone legally present on Greek territory. 15 UNHCR has researched and issued recommendations in October 2004 on the protection and integration schemes which should be provided to individuals who are especially vulnerable during the asylum examination process (single 14 Nicholas Sitaropoulos, “Refugee Welfare in Greece: Towards a Remodelling of the Responsibility-Shifting Paradigm?” in Critical Social Policy 22(3): 436-455, 2004 and Achilleas Skordas, “The case of recognized refugee families in Greece: The ‘undesirable’ integration” in Quarterly on Refugee Problems (AWR-Bulletin) 40(49) Number 4/2002: 210-221. 15 Eleni Spathana, ! " # $ [Legal Assistance for Refugees and Asylum-Seekers in Greece], Greek Refugee Council, Athens, 2004: 135. Amnesty International 5 October 2005 10 women and children who are “red card” holders). 16 Amnesty International is not aware of specific policy schemes aimed at aiding the integration of recognized refugees, as vulnerable individuals, into the wider society, however, and has data obtained from interviews with experts in Athens which suggest that “once refugees are recognized, they are lost” (i.e. not monitored by social welfare bodies). 1.3 Areas of concern regarding the legislative provisions 1.3.1 Limitation of the scope of the review process A major source of concern is the absence of access to an independent review in substance of a rejected application. Amnesty International has noted a lack of safeguards in the national legislation to guarantee access of asylum applicants to such an independent review of their application. These arise mainly from the fact that neither of the two possibilities for review offered throughout the examination process provides for an independent review on the substance of the case. On the one hand, the review of a negative decision at first instance, which is undertaken upon appeal, does not involve a independent authority, but is directed by the Ministry of Public Order, which is the same body responsible for first instance decisions. On the other hand, the procedural review undertaken by the Council of State following a final negative decision does not cover the substance of the application, but examines only the administrative aspects of the decision-making process. The non-compliance of the Greek system with international standards was heavily discussed during the European Union (EU) negotiations on common minimum standards for asylum procedures. At the time, the Greek delegation acknowledged this 16 Tsovili and Voutira, ibid. AI Index: EUR 25/016/2005

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