ANNUAL POLICY REPORT 2012
5.3 Intra-EU Solidarity including Relocation
Greece did not participate in relocation programs as the national asylum
system is already disproportionately burdened.
5.4 Cooperation with third countries including Resettlement
Greece did not participate in resettlement programs as the national asylum
system is already disproportionately burdened.
6. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS
The highly strained Greek asylum system, which in recent years had surpassed
his abilities, affects the most vulnerable groups of asylum seekers and
especially unaccompanied minors and women. In the frame of restructuring of
Greek asylum system for its harmonisation to the Common European Asylum
System, the Law 3907/2011 (which established the Asylum Service and the
First Reception Service, as autonomous services reporting directly to the
Minister of Public Order and Citizen Protection), provides for special treatment
of minors and those belonging to vulnerable groups.
6.1 Unaccompanied Minors
The Presidential Decree 114/2010, 'Establishing a uniform identification process
to foreigners and stateless refugee status or subsidiary protection (in
compliance with EU Directive 2005/85/EC) "which applies until the new Asylum
Service will be fully functional, improved the previous framework regarding
unaccompanied minors. The changes are as follows: a) Article 12 which
regulates issues relating to the application for asylum by minors, refers not
only to the guardian but also to whoever engage in its acts, b) such persons
are always invited to attend the interview of the unaccompanied minors, c)
asylum applications of unaccompanied minors are examined under the usual
procedures and in priority, d) in the event that through the procedure for
determining the age does not occur with certainty that the applicant is an
adult, he should be treated as a minor, e) In accordance with Article 13,
regarding detention of asylum seekers, the detention of minors should be
avoided. Also, children separated from their families and unaccompanied
minors can be detained only for the time necessary until their safe referral to
adequate accommodation facilities for minors.
Law 3907/2011 also refers to unaccompanied minors. Article 10 refers to the
reception centers and art.18 to the ratione materiae of the return process,
classifies unaccompanied minors on vulnerable groups. Article 25 for Return
and removal of unaccompanied minors requires the consideration of the child's
best interests before deciding to issue a return decision. It is also provided that
before removing an unaccompanied minor from the country, the competent
authorities establish that he/she will be returned to a member of his/her
family, a nominated guardian or appropriate reception facilities.
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