FORGOTTEN
Administratively detained irregular migrants and asylum seekers
ii. DETAILED PRESENTATION OF FINDINGS
a. Lack of first reception procedures
i. Legal Framework
At the beginning of 2011, Law 3907 established the operation
of the First Reception Service. According to Article 7 of that Law all
third-country nationals who are arrested while entering the country
without legal formalities shall be subjected to First Reception
Procedures. First Reception procedures for third-country nationals
shall include: (a) verification of their identity and nationality (b)
registration (c) medical examination, and any necessary medical
care and psycho-social support, (d ) information about rights and
obligations, in particular about the conditions under which one can
be placed under international protection and (e) identifying those
who belong to vulnerable groups, so that the relevant procedures are
followed.
Further, Article 11 par.1 of the same law provides for the
screening and referral of applicants for international protection
to the competent Regional Asylum Office. If an application and the
appeal thereof are rejected while a third-country national remains
in the First Reception Center or Unit, s/he shall be referred to the
authority competent for including him/her under deportation, return
or readmission procedures.
According to art. 11 par. 2, the Head of the Center or Unit,
upon recommendation of the Head of the medical screening and
psychosocial support cell, refers persons belonging to vulnerable
groups to the competent body of social support or protection” while
at paragraph 3 “the remaining third country nationals are referred
to the authority which is competent to decide, under the applicable
provisions of the legislation, whether to place them in the deportation,
return or readmission procedures.
In compliance with law 4375, published on the 2/4/2016, the
Reception and Identification Service has been established in order to
effectively conduct the reception and identification procedures of
third country nationals or stateless persons who enter the country
without the legal formalities24.
24 Law 4375/2016 article 8 par. 2
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