Out of the spotlight: The rights of foreigners and minorities are still a grey area 66 • the current legislation and its application do not contravene the spirit of the Dublin II Regulation. To this end, the revised legislation should explicitly state that “interruption” of the examination process does not mean rejection. In cases where there is an intent on the part of the Greek authorities to deport individuals outside the EU after readmission from an EU country on the basis of the Dublin II Regulation, this intent to deport should be communicated to the authorities of the third country and the lawyers responsible for the case abroad; • access to an independent review of asylum applications in the event of negative decisions is available. The scope of this review should cover the substance of the claim so as to ensure effective appeal, with suspensive effect, of negative decisions; • the legislation includes specific provisions ensuring that unaccompanied minors are offered guidance throughout the asylum determination process by child experts. The minors should be consulted throughout this process. Child welfare agencies should also be notified of impending transfers of unaccompanied minors to their countries of origin. In addition, measures should be introduced to ensure that legislation is applied in a way that ensures that the protection of the human rights of refugees is upheld, including maintaining respect for the fundamental principle of non-refoulement. To this end: • a statutory presumption against detention should be introduced as well as mechanisms to ensure that each decision to detain an asylum-seeker is automatically and regularly reviewed as to its lawfulness, necessity and appropriateness by means of a prompt, oral hearing by a court or similar competent independent and impartial body, accompanied by the appropriate provision of legal aid, in line with UNHCR Revised Guidelines on Applicable Criteria and Standards relating to the Detention of Asylum-Seekers. The detention of vulnerable people who have sought asylum, including minors, torture survivors and pregnant women is prohibited; • mechanisms should be introduced to monitor border-policing practices and to ensure that refoulement is not practised. These mechanisms should also provide access to full investigation procedures in case of allegations of such practices; • arrested migrants are informed in a language they understand of their rights upon arrest, including the right to seek asylum. Access to refugee status determination procedures should be available in all regions where migrants are detained; • police personnel serving in border regions and particularly on the country’s eastern and southern borders should receive thorough training in human rights standards, as well as in the principles and standards of refugee protection in order that they can adequately identify and refer people who are requesting asylum to the appropriate authorities; • a strict division of tasks is implemented and maintained between border guards and officers involved in refugee status determination procedures; • medical personnel in the border detention centres should be trained with regard to the specific features of the provision of health care in a detention facility and the particular needs of asylum-seekers, including psychological needs; Amnesty International 5 October 2005 AI Index: EUR 25/016/2005