Awaiting the asylum decision, the asylum seeker can stay in Greece legally. The asylum
seeker should remain in the place of residence that he/she stated. In case he/she leaves the
reception centre without permission or changes address without properly informing the police,
the procedure for the examination of the asylum claim will be interrupted. The procedure will
only continue if the absence from the place of residence was caused by reasons beyond
control. This practice has raised criticisms by UNHCR and the Ombudsman as effectively
denying asylum seekers who leave Greece the right to have any application effectively
reviewed and processed. Upon questioning, the Greek authorities stated that they have
abandoned it.
During the period of examination, the asylum seeker cannot be returned to his/her country of
origin or any other country. The asylum seeker has access to public medical, pharmaceutical
and hospital care. Furthermore, he/she is allowed to work legally, children have the right to go
to school and one can follow free language and education courses.
In case the refugee status is granted, the applicant is given the ´Refugee Identity Card´ as well
as a residence permit for five years. If the refugee status is not granted, the asylum seeker has
the right to lodge an appeal (in most cases within 30 days from the day of the negative
decision). If an appeal is lodged, the departure/deportation will be suspended. If an
application is rejected twice, one will be ordered to leave the country. During our meetings we
heard from numerous sources (UNHCR, Ombudsman and others) that there are serious
problems in the notification of rejected asylum seekers in order for them to launch a timely
appeal. Also the huge backlogs in the appeals procedure have been stressed. We were told that
for Iraqi applicants, in particular, all appeals have been suspended.
After the rejection of the application, the Greek authorities can, however, consider to grant a
residence permit for humanitarian reasons valid for one year. For example if the
circumstances in the country of origin pose a dangerous situation on return.
The entrance, residence and social integration of third country nationals entering Greece for
other reasons than international protection are defined by the provisions of the Greek
immigration legislation (law 3386/2005). Third country nationals not having any legal status
are ordered to leave the country. We understood that in many cases these people are left alone
to deal with the details of their departure. Obviously, this raises various concerns.
4. Visit to the detention centres on Samos (14.06.2007)
The 'new' centre on Samos, in Vathy
The construction works, already ongoing for 2 years and with a total budget of € 3 million,
have not finished yet. The aim is to have the new centre (it will be a closed centre) fully in
line with Community legislation having a holding capacity of 400 people. The people
detained should be able to move around within the perimeter barbed wired fence. Separate
areas for women and children will be ensured and it is foreseen to have leisure activities
available. A catering company will be contracted taking into account dietary needs and NGOs
will be able to enter on a daily basis. Final and most crucial question to be answered is
whether there will be sufficient staffing, e.g. social workers, doctors and nurses,
psychologists, translators, lawyers and specialised police forces. Furthermore, the flat-roofed
‘cabin’ design of the structures might raise question marks about their suitability given the
local climate.
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