FORGOTTEN
Administratively detained irregular migrants and asylum seekers
Palestine are granted with a removal postponement decision, because
the Hellenic Police services estimate that the return in their case
would violate the principle of non-refoulement. However, when the
police authorities consider that there are reasons of public order, a
detention order and a return decision are issued even for the nationals
of these countries. Regarding other nationalities, for which there is no
recommendation by UNHCR on complete cessation of forced returns
but on individualized assessment (Sudan, Afghanistan), the Hellenic
Police issues return decisions and detains the nationals of these
countries on the purpose of return and in some cases executes forced
returns. Finally, Hellenic Police issues return decisions and detains for
the purpose of return nationals of other countries, although their
return might violate the principle of non-refoulement (e.g. citizens of
Iran, Nigeria, Cameroon).
The competent services of Hellenic Police consider that the
third country nationals who do not wish to return to their country of
origin because that would put them in danger, apply for asylum.
However, the competent services of our country are obliged –under
national, European and international law– to respect the principle of
non-refoulement, regardless of whether an asylum application will be
lodged. Therefore, the services are required to:
• be organized in such a way so that they are informed of
the situation in countries of third country nationals and to
constantly update their data
• cooperate with the United Nations High Commissioner for
Refugees for the accomplishment of this purpose
• carry out individualized assessments of each third country
national in order to examine whether a possible return would
violate the principle of non-refoulement, and if this is the case,
issue a removal postponement decision. The aforementioned
individualized assessment must be carried out both at the stage
of initial arrest so that, if the principle of non-refoulement
applies, a removal postponement decision is issued, according
to article 78A of Law no. 3386/2005, and then –certainly
before the enforcement of the return decision– if the principle
of non-refoulement still applies, the person should be granted
with a removal postponement decision according to article 24
of Law 3907/2011.
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