Out of the spotlight: The rights of foreigners and minorities are still a grey area
their presentation and to consult a lawyer. The
interview is conducted by one or two civil
officers and a report is prepared, which is read,
via the interpreter, back to the applicant at the
end of the interview and signed by them. The
opinions of the officer(s) are then added, the
applicant and their families fingerprinted and
photographed.10
Upon completion of this process the individual
is issued with a document certifying that they
have lodged an asylum application and that
this is being examined. This document is
commonly known as the “RED (or PINK)
CARD”. Its holder has a right to reside in the
country for a period of six months and to have
the card renewed, at six-monthly intervals,
until a decision about their application has
been made. Holders of the “red card” can then
apply for a work permit, which is granted if
they are “not residing in the Temporary
Residence Centre 11 for foreign asylum10
As an EU member, Greece is bound by the
Convention determining the State responsible for
examining applications for asylum lodged in one of
the Member States of the European Communities
(the Dublin Convention). This inter-governmental
convention has now been replaced by the Council
Regulation (EC) n° 343/2003 of 18 February 2003,
the so-called “Dublin II Regulation”. In order to aid
the application of this Convention, member states
use the “Eurodac” and the DubliNET systems.
Eurodac is a common database where fingerprints
of all asylum applicants and apprehended
undocumented migrants are contained. DubliNET
is an electronic network of transmission channels
between the national authorities dealing with
asylum applications. The network became
operational on 1 September 2003 in the EU
Member States and in Norway and Iceland. It
allows the national authorities responsible for
examining asylum applications to exchange data on
asylum applicants in order to determine the
responsible Member State.
11
A report published in 2004 by UNHCR listed 12
such centres, also known as “Reception Centres” in
the country, 10 of which were still in operation at
the time of publication (
! ,"
! #
!
$
Amnesty International 5 October 2005
[Reception
8
seekers” and on the basis that “job market
research has established that there is no interest
in the specific position by a national, an EU
citizen, a recognised refugee, or a repatriate”. 12
The same work permit is available to
applicants who have not been recognized as
refugees under the Refugee Convention but
have been granted asylum for humanitarian
reasons (PD 189/1998, Article 4.1).
Throughout the period of examination of the
application, the applicant is not allowed to
change residence without informing the
authorities – in such cases the examination of
their application is “interrupted” and the
applicant appropriately informed. A request for
the “interruption” decision to be revoked can
be lodged within a period of three months. In
the absence of such a request, at the end of this
period,
“interrupted”
applications
are
automatically rejected.
Following the issuing of the “red card” (i.e. the
identification of the applicant as an “asylumseeker”), the application file is passed on to the
regional Police or Aliens Authority, who
provide comments on the interviewer’s
recommendations and ascertain the suitability
of Greece to examine the claim according to
the Dublin II Regulation (i.e. that the applicant
has not travelled to another EU destination
prior to entering Greece).
A decision on the application is made by the
General Secretary of the Ministry of Public
Order and on the basis of recommendations of
the Ministry’s National Security Directorate.
Other authorities and organizations, including
UNHCR, may be invited to provide
information on the case. In cases of positive
decisions, the individual is issued with a
refugee identification document, commonly
known as “the YELLOW CARD”, on the basis
Practices for Asylum-Seekers in Greece with
special
emphasis
on
Single
Mothers,
Unaccompanied Women, and Children separated
from their Families], Tsovili and Voutira, 2004)
12
Article 4.1 of Law 1975/1991 regulating
foreigners’ rights.
AI Index: EUR 25/016/2005
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