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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