19
respond to the needs of unaccompanied children and vulnerable persons in general. Furthermore, the
law does not provide for a similar provision with regards to the automatic application of the regular
procedure to other categories of vulnerable asylum seekers.
In practice, unaccompanied minors, disabled people, elderly people, pregnant women, single parents
with minor children, as well as persons who have been subjected to torture, rape or other serious forms
of psychological, physical or sexual violence can have access to the asylum procedure after the
intervention of NGO. However, the lack of screening for persons belonging to vulnerable groups,
coupled with the fact that in practice these people are detained upon reception in centres with other
migrants and asylum seekers, instead of in special reception centres for vulnerable groups as the Greek
20
Action Plan foresees, renders access to the asylum procedure very difficult even for these people.
Sometimes only after the intervention of Ombudsman, taking the information by an NGO they can have
access to the asylum procedure and to apply their right to family reunification.
Appeal
Indicators:
-
-
Does the law provide for an appeal against the first instance decision in the regular procedure:
Yes
No
o if yes, is the appeal
judicial
administrative
o If yes, is it suspensive
Yes
No
Average delay for the appeal body to make a decision:
21
According to the law , applicants shall have the right to appeal before the Appeals Committee, which
was established by the Presidential Decree 114/10, against the following first instance decisions:
a. a decision rejecting their application for international protection or withdrawing such status
within thirty (30) calendar days after the day of serving of the decision;
b. a decision considering their application for international protection as manifestly unfounded or
as inadmissible, according to Articles 17 paragraph 3 and 18 (P.D 114/10) respectively within
fifteen (15) calendar days after the day of serving of the decision;
c. a decision rejecting their application for international protection in the cases of the accelerated
procedure described in Article 24 within ten (10) calendar days after the day of serving of the
decision;
d. a decision rejecting their subsequent asylum application during the preliminary examination
stage; and
e. within fifteen (15)calendar days after the day of serving of the decision.
By law, during the time-limit for lodging an appeal and, after an appeal has been lodged, until such time
as the Appeals Committee issues its decision, all measures of removal of the applicant shall be
suspended. The special asylum seekers’ card (‘pink card’) shall be withdrawn and issued again when
22
an appeal is lodged. This card will be valid for six months in the regular procedure and for three
23
months in all other cases (when the accelerated procedure is followed) .
19
20
21
22
23
CPT, Report to the Government of Greece on the visit to Greece carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 19 to 27 January 2011,
CPT/Inf(2012)1, Strasbourg, 10 January 2012, par.42.
Amnesty International, Greece: The end of the road for refugees, asylum-seekers and migrants, 20 December
2012, EUR 25/011/2012.
Article 25, P.D 114/10.
Article 25 par. 1 (a), P.D 114/10.
Article 25 paragraph 1 P.D. 114/10.
17
Επιλογή στοχευμένης παραγράφου3
Σύνδεση με παράγραφο
Σύνδεση με οντότητα
Απενεργοποίηση επισημάνσεων
Προσθήκη στον πίνακα περιεχομένων