»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
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