IV. Unaccompanied Children Seeking Asylum As described in chapter II, when police officers first apprehend an unaccompanied child they are supposed to inform them of their right to claim asylum and ensure representation by a competent guardian. Unaccompanied children who do not ask for asylum have no regular status in Greece; nor do those who have had their asylum application rejected or have otherwise fallen out of the asylum procedure. Children who lack regular status can be detained and deported under the same procedures as adult migrants. NGOs furthermore told Human Rights Watch that unaccompanied children without regularized status cannot access all care centers and are often left to fend for themselves. In contrast, those who do apply for asylum are entitled to a temporary permission to stay until their claim is adjudicated. This permission to stay—commonly referred to as the “red card”—protects them from deportation. Unaccompanied children who seek asylum are also more likely to access care centers (see chapter VI). Unaccompanied children aged 14 and above may file an asylum application if deemed mature enough by the competent police official to comprehend the meaning of such an action. Children below age 14 may only submit an asylum application through their legal representative. In practice, these children may be barred from seeking asylum as they are often unaware of who their guardian is (see also chapter II about the guardianship system).111 However, very few unaccompanied children actually do apply for asylum, even if they have a well-founded fear of persecution. Many children interviewed by Human Rights Watch said they do not want to apply for asylum, including because they have experienced ill-treatment and violence at the hands of state agents. Others believe that they have no chance of receiving refugee status in Greece. The recognition rate at first instance in Greece in 2007 stood at 0.04 percent. During the first nine months of 2008, it dropped further to 0.03 percent.112 Many children also told us they believe 111 Presidential Decree 90/2008, arts. 4.3, and 4.4; Presidential Decree 61/1999, art. 1.4. 112 Human Rights Watch interview with Panagiotis Hinofotis, deputy minister of interior, Athens, November 25, 2008 and Human Rights Watch, Greece – Stuck in a Revolving Door, p. 92. 41 Human Rights Watch December 2008

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