THE DUBLIN II TRAP
TRANSFERS OF ASYLUM-SEEKERS TO GREECE
7
status was granted in 132 cases (2.05 per cent).13 In 2008 out of 29,573 applications,
refugee status was granted in 14 cases (0.05 per cent) in the first instance, and 344
applications for asylum were granted out of 3,342 applications examined in the second
instance (10.29 per cent).14 According to the statistics provided to UNHCR by the Ministry of
Interior, in the first seven months of 2009 approximately 20,000 asylum applications
(19,640 at the first instance, 810 at the second instance) were examined, of which 20
asylum claims were granted. Over the same period, 24 asylum-seekers were granted
humanitarian status (including those whose status was renewed), while 61 received
subsidiary protection (under PD 90/2008). Amnesty International considers that these
recognition rates are disturbingly low.
Amnesty International believes that in view of current huge divergences in the quality of EU
member states’ asylum systems coupled with the absence of an automatic suspensive right of
appeal against Dublin II transfers where the safety of a receiving state is questioned, the
current Dublin system places individuals at risk of refoulement. In this regard, amendments
to the Dublin Regulation proposed by the European Commission in December 2008 to
provide effective remedies against transfers and to introduce a temporary suspension
mechanism are to be welcomed.15 However, pending revision of the Dublin system, there is
an urgent need to ensure that arrangements for returning asylum-seekers under the Dublin
Regulation comply with the obligations of EU member states under international law,
particularly where these obligations apply to vulnerable groups, the maintenance of family
unity and the protection of asylum-seekers from refoulement or other human rights violations.
At the end of 2009 the newly elected Greek government publicly acknowledged a number of
problems in the current asylum system in Greece and announced that changes were needed
to the asylum determination procedure. Among the plans announced were the removal of
decision-making powers on asylum applications from the police and the establishment of a
Central Asylum Service as the authority determining asylum applications at first instance.16
In addition, it was announced that until more substantial changes came into effect the
existing legal framework (PD 81/2009) should immediately be improved so that asylumseekers can receive better and faster assistance. A Committee of Experts, comprising of
representatives of the UNHCR and national NGOs, was established to prepare proposals on
the issues concerned. Draft new legislation on asylum determination procedures is
anticipated in March.
While Amnesty International welcomes the acknowledgement of current failings and proposed
new measures, any such measures will need to comprehensively address all of the issues
highlighted in this report. Furthermore the real test will be in the implementation of any new
measures. Amnesty International remains concerned that even if new and improved
legislation is introduced, the practice may remain inadequate and will require careful
monitoring before Greece is considered to have a fair asylum procedure.
Index: EUR 25/001/2010
Amnesty International March 2010