»The truth may be bitter, but it must be told« Ministry of Public Order. The hearing is conducted by two plain-clothes police officers. They produce a report that is then translated by the interpreter. At the end of the hearing, the asylum applicant signs the report. The two police officers add their comments and views. Photographs and fingerprints are taken of the applicant. After this, they are supposed to be issued with an identity card, the ›pink card‹. The pink card certifies that the owner has applied for asylum and the application is currently being processed. The card gives the applicant the right to remain in Greece for a period of six months and is subject to renewal at six-monthly intervals. In practice, the first issue of the pink card is frequently delayed. Those in possession of a ›pink card‹ may apply for a work permit, provided they are not in detention. In the first instance the decision falls to the General Secretary of the Ministry of Public Order, taking into account the recommendations of the National Security Directorate, under the control of the same Ministry. Hence a decision on asylum lies with an authority that also controls borders and the prevention of so-called illegal immigration. One should bear this background in mind when considering the extremely low rate of approval of asylum applications: In 2005 a total of two cases received a positive asylum decision at the first attempt. If the application is rejected at the first level, the asylum seeker must be notified in a language that he or she understands. The applicant has the right to lodge an appeal against the refusal within 30 days. In accelerated cases the appeal must be lodged within ten days. The time limit is shortened to five days for refugees who are arrested in transit at airports or seaports. The same time limit applies for refugees who have been refused entry.54 A negative decision is not reviewed by an independent authority; it too is the responsibility of the Ministry of Public Order. The Minister is supposed to make a decision within 90 days. The process entails a consultation with a six-person Appeals Board constituted as follows: – A legal adviser, who also acts as President of the Board; – Two representatives from the Ministry of Foreign Affairs (diplomatic officer and legal adviser of the Ministry of Foreign Affairs); – A high-ranking officer of the Greek police; – A representative of the Athens Bar Association; – A representative of the UNHCR in Greece. The Appeals Board interviews the asylum seeker in the presence of a lawyer. However, the decision is made by the Minister, who is not bound by the decision of the Appeals Board. Hence this ›panel of experts‹ (Appeals Board) has no decision-making powers; it acts merely in an advisory capacity. The verification of process that is carried out by a court – the Council of State – following a final negative decision on an application, does not include an investigation of the detailed reasons for refusal of an asylum, it is only concerned with potential procedural errors. Reception and procedure in cases of unaccompanied minors At present, there are approximately 85 places55 in the whole country available for refugees who are unaccompanied minors. These few places are only allocated to children and young people – if at all – following an application for asylum. The responsible Ministry for Health intends to increase capacity to 100 places. Officially there are only ten suitable places for children in Athens. Greek law does not stipulate that their exact age has to be given. The authorities do not assess age. Occasionally police officers do not accept the stated age. On the basis of the law that young persons may only access the jobs market once they have reached 18, many of those who are considerably younger give their age as 18 at their registration. The rights of minors are also not safeguarded in procedural matters. It is true that the law states that the »Prosecutor for Minors« shall represent children during the asylum process. However, in practice this does not happen. In the past few years the Greek Ombudsman has repeatedly referred to this and to other failings in the reception of refugee children.56 For the most part, the Prosecutor knows nothing of the presence of a child. Even when such information is available, the authority is unable to act because of a lack of staff resources. The chief obstacle for many minors (and also adults) is to gain access to the asylum procedure in the first place. The Ombudsman cites as an example the detention camp at Mitilini, where refugee children are given no information whatsoever about their rights and no interpreter is made available to them. As a rule, no legal representation is provided. Minors receive the same Digression: Notes on the asylum system in Greece 31