GREECE country profile Reception provisions for asylum seekers

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1 GREECE country profile Reception provisions for asylum seekers Legislation in force The Constitution of the Hellenic Republic, Section 5(2) of which states that "the extradition of aliens prosecuted for their action as freedom-fighters shall be prohibited"; Act dated 2001 (the Aliens Act) of 26 April 2001, as amended by Act dated 2002, replaced Act dated 1991 abrogating most of its provisions (with the exception, inter alia, of the provisions concerning asylum issues) Act dated1998 on the development of the national welfare system Act dated 1991 (the former Aliens Act) of 4 December 1991, as amended by Acts dated 1996 and dated 1999 Presidential Decree dated 1999 on the Centre for refugees in Lavrion in the Attika region as well as the medical care for asylum seekers, refugees and persons with humanitarian status; Presidential Decree dated 1999 on the refugee status recognition procedure, revocation of the recognition and deportation of an alien, entry permission for family members and mode of cooperation with the UNHCR representative in Greece Presidential Decree dated 1998 on the conditions and procedures for the granting of a work permit or any other assistance for occupational rehabilitation to refugees recognised by the state, to asylum seekers and to persons granted temporary residence on humanitarian grounds The Schengen Agreement and the Dublin Convention The Aliens Act (dated 2001) on the entry and residence of aliens in Greek territory, acquisition of Greek citizenship by naturalisation and other provisions, abrogates most of the provisions of the former Aliens Act, Act dated 1991, with the exception of those provisions concerning asylum seekers in Sections 24 and 25. Although the new Aliens Act explicitly excludes refugees and asylum seekers from its scope, it does apply to any alien entering Greece prior to lodging an asylum application. Human rights and refugee organisations have voiced their concerns that in practice the authorities do not always distinguish between undocumented asylum seekers and other illegal immigrants, and in so doing deny asylum seekers access to the asylum procedure. New Act 3013/2002 (amending the Aliens Act dated 2001) Further and recent legal changes: Practically, this new Act affects people wishing to apply for asylum in Greece who have entered illegally (that is, without complying with the provisions of the Act) and have been arrested before presenting themselves to the authorities to lodge their asylum application. This new Aliens Act was introduced to give an opportunity to foreigners, who have lived illegally in Greece for at least one year before the entry into force of the new Act, to legalise their stay, but the main purpose was to modernise the Greek aliens legislation Further reform of the asylum system in Greece is anticipated, primarily in order to bring Greece into line with European Union directives on asylum and reassess the standards of the reception in Greece. 1. Procedure 1.1. Entry to the territory Asylum applications may in principle be submitted either orally or in writing to the border authorities or, if the asylum seeker is elsewhere in the country, to any other public authority. If the claim is submitted to a non-police authority, that authority must immediately inform the appropriate local police authority and refer the applicant to it. All applications must be considered substantively, GREECE 1

2 whether this is through the normal determination procedure or the accelerated procedure. Greek legislation does not include a clause of inadmissibility Asylum determination procedure The police interview asylum seekers within a maximum period of three months (except for the capital regions where delays occur) after submission of their claim. After the interview, the asylum seeker is provided with a special asylum seeker's document (the "pink card"). Instead, asylum seekers in Athens will receive, upon submitting their application to the Athens Aliens Police Department, an official stamped confirmation of the date on which their application was submitted and the date on which the actual asylum procedure will start (usually three months later). The waiting period between the submission of an application and the beginning of the asylum procedure can last many months and postpone asylum seekers access to social services and employment. Following the interview, the file and the interview records are transmitted to the competent authorities of the Ministry of Public Order (MPO) Right of appeal Negative decisions by the Secretary General of the MPO can be appealed before the Minister of Public Order. The appeal has suspensive effect and must be lodged within 30 days of notification of the initial decision. In practice, it is filed with the local police authority, and then forwarded to the MPO. The Minister of Public Order takes the decision based on the recommendation made by the Appeals Board Committee. A request for annulment of the appeal decision may be filed with the Supreme Administrative Court, within 60 days following notification of the Minister of Public Order's negative appeal decision. It is also possible, under certain conditions, to apply for suspensive effect. An application that has been rejected by a final decision may not be re-examined, unless the applicant submits new and crucial evidence, which would have justified the granting of asylum, had this been known before the negative decision was issued. Claims rejected under the accelerated procedure may not be re-examined. The decision to authorise the re-examination of an application is made by the Secretary General of the Ministry of Public Order on a discretionary basis Legal assistance The Presidential Decree dated 1999 states that "Before the interview, the applicant is given, if he so wishes, a reasonable amount of time in order to sufficiently prepare himself and to consult a lawyer who will assist him during the interview. UNHCR has mandated and partially funds the Greek Council for Refugees (GCR) to provide free legal assistance to asylum seekers during all stages of the determination procedure. Applicants may also receive legal counselling at any stage of the asylum procedure, either from the GCR's own lawyers or from one of the Legal Aid Network (LAN) lawyers throughout the country, however, in practice, a minority of asylum seekers are actually accompanied by a legal advisor to asylum interviews; many more are getting legal support during the appeal procedure Access to interpreters According to the Presidential Decree dated 1999, all asylum seekers must be informed of the asylum procedure in a language, which they understand. This is done through the distribution of a booklet explaining the asylum procedure, asylum seekers' rights and obligations, and how to access free legal assistance provided by NGOs. The booklet should be available in Greek, English, Albanian, Arabic, French, Kurdish, Russian, Serbo-Croatian, Turkish and Farsi, although in practice, the availability of this booklet is very restricted. GREECE 2

3 The interviews with the police authority during the first instance or the appeal procedure are conducted with an independent interpreter, if necessary. Interpretation costs are covered by the Ministry of Public Order's (MPO) budget at all stages of the determination procedure. The Greek Council for Refugees is able to provide some interpreting assistance when this is considered necessary. The interpreting services provided by the State are not always adequate, especially in the Athens region. 2. Final decision 2.1. Asylum seekers granted refugee status Once granted the refugee status, they have access to all main stream provisions available for nationals Failed asylum seekers Asylum seekers whose applications have been rejected by a final decision are given a fixed time limit, usually three months, within which they are requested to leave the country on a voluntary basis. After this period, rejected asylum seekers will be illegally resident in Greece and can be arrested as an illegal resident. A rejected asylum seeker can be detained for three months pending deportation. In practice, detention of rejected asylum seekers pending deportation rarely happens and many continue to live illegally in Greece. 3. Accommodation and social support 3.1. Access to reception schemes By Law, the Ministries of Health and Welfare and of Public Order is responsible for establishing and organising temporary reception for asylum seekers. Appropriate shelter for applicants held at ports and airports should also be provided. At present there are seven reception centres and several hostels/temporary accommodation centres for newly arrived asylum seekers in Greece. The Lavrion reception centre is the only one run by the authorities, operating under the authority of the Ministry of Health and Welfare. The rest are run by NGOs, supported with the funding and support of the Ministry of Public Health and Welfare. The Hellenic Red Cross is responsible for both Reception Centre of Asylum Seekers in N. Makri and Multifunctional Centre of Social Support and Integration of Refugees offers rent subsidy to vulnerable cases and families. Many other refugees and asylum seekers live independently in rented apartments, mainly in the Athens area. The number of places in these centres is very limited and priority is therefore given to vulnerable cases such as persons with psychological problems, unaccompanied minors, elderly people, single parents, large families with young children and persons with special needs. In recent months the reception centres have reported increased difficulty in coping with the growing numbers of asylum seekers entering the country, resulting in many asylum seekers in the larger cities finding themselves homeless for long periods during the determination procedure Granting and withdrawing financial assistance No financial support is provided by the State to asylum seekers in Greece. However, the financial assistance program run by the Greek Council for Refugees (GCR) and the Social Work Foundation (SWF) covers Convention refugees, asylum seekers and humanitarian cases on an emergency basis only and for a limited number of cases. GREECE 3

4 4. Health 4.1. Health care and mental health care There is no compulsory medical check-up on arrival but this will be required before the granting of a work permit. Following this the applicant is issued with a medical certificate stating that he/she does not suffer from any contagious disease. Asylum seekers are entitled to free medical care and hospital treatment in accordance with the law. Indeed, all asylum seekers have access to state hospitals for free hospitalisation, medical examinations and provision of medication. Only once they have been interviewed and provided with a "pink card" that asylum seekers are given free access to medical care, and in practice this can occur much later in the procedure. During the period the asylum seekers are waiting for their interview and until they have access free medical care, they can go and receive medical care from both NGOs Médecins du Monde and Médecins sans Frontières. Also one initiative was taken by the Greek Council for Refugees with the setting up of: "IOLAOS" with both a psychiatric hostel for maximum persons and an open Day Care Center for mentally ill Special provisions for the victims of torture There is a rehabilitation centre for victims of torture dealing with victims of torture and serious acts of violence, not necessary asylum seekers. 5. Education 5.1. Schooling All children have access to all levels of education irrespective of their status in Greece. All schooling up until the age of 18 is free of charge. Most children of asylum seekers of primary school education age do attend school. Due to the language barrier and the lack of financial support, those of secondary school education age often prefer to seek work. Some innovative projects are run by NGOs (the Greek Council for Refugees and Hellenic Red Cross Intercultural Centres) to facilitate the integration of the children and provide supplementary language classes for children already at school and day care for pre-school age children. Furthermore in selected schools in the Athens area (with a high percentage of foreign student intake), the Centre for Intercultural Education in Athens University runs special tuition courses for all foreign children, funded by the Minister of Education Adult education and language tuition Asylum seekers and refugees can attend Greek language courses provided by several NGOs (for example, the Hellenic Red Cross, the Greek Council for Refugees, the International Social Service, the Social Work Foundation, and the International Organisation for Migration). In addition, the state-sponsored Greek University (Greek Philosophical School in Athens and Aristotelio University in Thessaloniki) offers advanced Greek language courses. These courses are offered free of charge and are widely available in practice. Many asylum seekers get the opportunity to learn Greek through one of these courses. 6. Employment and training 6.1. Access to employment According to Presidential Decree dated 1998, asylum seekers can be granted a temporary work permit, which is valid, while their application is under the determination procedure (for 6 months period that can be renewed). Normally this permit is valid for all types of profession and employment. GREECE 4

5 In practice, however, it is very difficult for asylum seekers to find employment which has legal status and which offers access to social security insurance. In many cases, the permit is requested in order that they can work as self-employed street sellers Access to training The Hellenic Red Cross is looking for job placement and informing asylum seekers about training opportunities through its social service based in the Multifunctional Centre of Social Support and Integration of Refugees, the Reception Centre of Asylum Seekers in N. Makri and the Lavrion Reception Centre 7. Special provisions for vulnerable group 7.1. Unaccompanied minors The Presidential Decree dated 1999 states that, when asylum applications are submitted by unaccompanied minors, the police authority must submit a request for the Public Prosecutor for Minors or the local First Instance Public Prosecutor to act as a temporary guardian for the minor until a decision is reached on their asylum application. Alternatively, the police official conducting the interviews may consider that the minor is mature enough to apply for asylum on his/her own if they are between 14 and 18 years old. There are no specific provisions for the processing of asylum claims submitted by unaccompanied minors. However, they are normally considered as vulnerable and their cases examined as a priority. There are 2 reception centres for unaccompanied minors one is based in Crete and run by the Social Youth Foundation, the other one is based in Athens. Psychological support and medical care are provided to the minors directly in the centre; they are open centres. In 2001, 118 unaccompanied minor asylum seekers in Greece were recorded by the Greek Council for Refugees. In 2002, according to figures released by the Ministry of Public Order, there were 247 unaccompanied minor asylum seekers in Greece Gender provisions Apart from the provisions concerning the adequate conduct of the interview (female personnel and/or interpreter, confidentiality etc), there are no specific provisions for women. In certain cases (for instance, pregnant women) they can be considered as vulnerable cases and have their cases examined as a priority. 8. Freedom of movement and detention 8.1. Restriction of freedom of movement Applicants who are not dealt with under the port/airport procedure and who are not detained, are required to stay at a place of residence chosen by them or assigned by the authorities for the whole period of the examination of their claim. There is no direct control as such, but they must report any change of address to the police. They cannot, however, change their residence without prior authorisation by the police authorities if their residence has been assigned to them by the police. If they do not respect this obligation, their asylum procedure may be interrupted by a decision of the Secretary General of the Ministry of Public Order (MPO) Detention of adult asylum seekers In many cases, the police arrest aliens, who later apply for asylum, for illegal entry (registered asylum seekers cannot be arrested and detained as illegal entrants). Asylum seekers who have applied for asylum after being arrested for an illegal stay in Greece, and who have been detained by an order of the police authorities ("decision of administrative GREECE 5

6 detention") because a deportation order ("a decision of administrative deportation") has been issued against them, should remain detained until a final decision on their asylum application has been made or until their detention exceeds the three month maximum length of detention. Furthermore, according to the provisions of Article 44 of the Aliens Act, an appeal ("objection") against the decision of administrative detention may be lodged by the asylum seeker before the President of the First Instance Administrative Court in the area of his detention. If the President considers that the asylum seeker is not a threat to public order and that there is no strong likelihood of him/her absconding, he/she will immediately be released. In practice, many asylum seekers in administrative detention have been released through this procedure, after having claimed that they do not pose a threat to public order since their only offence was illegal entry, and that there is no strong likelihood of absconding. There are, however, exceptions if an asylum seeker's detention has been ordered by a court. According to the Ministerial Decision of 1992, if an asylum seeker is detained after a court (and not the police authorities) ordered his deportation, there is no precise time limit to his detention. There are general limits, however, provided for by the Greek Constitution on "lawful conditions for arrest and detention". In May 2001, the UN Committee Against Torture criticised Greece for its use of harsh detention conditions for asylum seekers, particularly for those held in police stations, which lack adequate facilities, and in prisons, which are severely overcrowded. In practice, the majority of foreigners in detention are unaware of their legal situation and legal rights. They receive no information about when they will be deported Detention of minors Unaccompanied minors can be detained in Greece. Sources: ECRE website: Danish Refugee Council: Legal and social conditions for Asylum seekers and refugees in Western Countries, May 2000 and its current updates Feasibility study on the establishment of a Fund for Refugee Employment and Education in the EU (FREE), November 2003, Social Work Foundation. UNHCR: Reception Standards for asylum seekers in the European Union, July 2000 Questionnaire answered by Hellenic Red Cross, June 2003, Zephie Thanassoula Document compiled by Corinne Salinas, Consultant for the Red Cross Conference October 2003 GREECE 6