Out of the spotlight: The rights of foreigners and minorities are still a grey area
of which the individual can reside in Greece
for five years. 13 A work permit can also be
issued for the same period of time, upon a
second application on the basis of this refugee
identity. These are renewable for a further five
years and upon the completion of ten
consecutive years of residence, an individual
can apply for naturalization.
In cases where the application is rejected, the
rejection must be fully justified and the
applicant is informed, in a language which
they can understand, of their right to appeal
this first-instance rejection within 30 days. The
appeal is examined by the Minister of Public
Order and a decision taken within 90 days of it
being lodged, upon the Minister’s consultation
with the six-member Board, consisting of the
Legal Adviser to the Ministry, who acts as its
President, a diplomatic officer and a legal
adviser of the Ministry of Foreign Affairs, a
high-ranking officer of the Greek Police, a
representative of the Athens Bar Association,
and the Legal Protection Officer of UNHCR in
Greece. The Board hears the applicant’s case
in their or their lawyer’s presence and a final
decision is made by the Minister and conveyed
to the applicant. UNHCR is informed of all the
decisions taken.
A second ab initio re-examination of a rejected
asylum application is only undertaken in
exceptional circumstances and where an
applicant has provided additional new
evidence to support their claim after receiving
the negative decision on review of their
application by the Minister and the
Consultative Board. Such re-examinations of
applications are also undertaken where the
process through which the final decision was
reached was found to be flawed on
administrative grounds. The body that
undertakes this procedural review of the
decision-making process is the Council of
13
The “Green Card” is the third major document in
the migrant legalization process, and is given to
migrants who are not refugees and who have been
granted residence and work permits.
Amnesty International 5 October 2005
9
State (
). In the
absence of the application of the “exceptional
circumstances” stipulation regarding reexamination, this is the only possibility of
appeal available in practice against a final
negative decision and it is an appeal on
procedural grounds.
In cases where the application has been
rejected at this second stage but the applicant
cannot be returned to their country of origin
(due to health reasons, inaccessibility or
adherence to the principle of non-refoulement),
they may be granted the right to remain in the
country for a one-year period, renewable on
application, under “humanitarian” status
(
).
There is a parallel process of “fast-track
procedures of examination”. These procedures
are applied in cases where the fear of
persecution is deemed “unfounded” or where
the applicant has arrived from a “safe third
country”. People whose claims are processed
through these procedures are generally held in
detention in special closed facilities for “illegal
entrants” in airport / port zones. The
application of these designations (of an
“unfounded” claim and “safe third country”) is
decided by the Police Superintendent upon the
recommendation of the National Security
Directorate of the Ministry of Public Order. In
such cases, the applicant must appeal a
negative first-instance decision within 10 days
and a final decision must be reached within 30
days by the General Secretary of the Ministry
of Public Order. If the applicant is in detention
in the transit area of a port or airport, these
periods are shortened to five and 15 days
respectively.
Amnesty International is concerned that gaps
exist in this legislative framework which lead
to violations of the right to seek asylum under
international refugee and human rights law.
Specifically, the framework fails to adhere to
international human rights law and standards
in two respects: (i) at no stage of the process
does it provide for an independent review of a
AI Index: EUR 25/016/2005
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