The study was implemented by the Institute of International Relations (IIR) of Panteion University of Social and Political Studies

Transcription

1 The study was implemented by the Institute of International Relations (IIR) of Panteion University of Social and Political Studies Authors of the study: Maria Daniella Marouda, Assistant Professor, International and European Studies, Panteion University, Member of the Naturalization Commission, Decentralized Administration of Crete. Dr. Vasiliki Saranti, Adjunct Lecturer, Hellenic Military Academy, Part-time Lecturer, National Police Academy Dr. Eleni Koutsouraki, Université Paris II, Panthéon Assas Panteion University. Maria Rossidi, Phd Candidate, Panteion University The authors wish to thank for their valuable comments and remarks the members of the evaluation team of the Unit for Migration Policy of the Ministry of the Interior, rapporteurs: Mrs. Maria Tzortzaki, Mr. Michail Kosmidis, MSc, Acting Head of Immigration Policy Unit, and Mrs. Fani Keramida. The authors wish also to thank for her support the official of the Department of Migration Policy of the Ministry of the Interior Mrs. Eleni Siopi.

2 The European Migration Network (EMN) was established in 2003, originally as a preparatory action of the European Commission, with the aim of providing the European Commission and the Member States with objective, reliable, comparable and up-to-date data on migration and asylum, to build policymaking in the European Union and hence their national policies in these areas. Subsequently, the Council of the EU in 2008, with the No. 381/2008/EK Judgment founded the EMN, as permanent structure that will operate within the European Commission, with the participation of member states in order achieve these goals. More information on the EMN and its work can be found on the website or on the Greek website Contact data with the Greek Focal Point of the European Migration Network: Ministry of Interior Secretariat for Population and Social Cohesion General Directorate for Migration Policy Directorate of Immigration Policy Department of Immigration Policy Evangelistrias Athens Tel emn@ypes.gr 2013, Ministry of Interior. All rights reserved. This study was conducted with the financial support of the European Union and the Ministry of Interior within the scope the European Migration Network. The research contents are of the sole responsibility of the author. In any case, the European Union and the Ministry of the Interior cannot be held liable for any use of the information made by third parties. 2

3 ANNUAL REPORT 2013 ON MIGRATION AND ASYLUM POLICY IN GREECE 3

4 Table of Contents EXECUTIVE SUMMARY 1. INTRODUCTION 1.1 Structure of Asylum and Migration policy 2. OVERVIEW OF ASYLUM AND MIGRATION POLICY DEVELOPMENTS 2.1 Political developments 2.2 Overall developments in asylum and migration 3. LEGAL MIGRATION AND MOBILITY (5-10 pages)) 3.1 Promoting legal migration Students and Researchers Other legal migration 3.2 Economic migration 3.3 Family Reunification 3.4 Integration Citizenship and Naturalisation 3.5 Managing migration and mobility Visa Policy and Schengen Governance Border Monitoring Frontex 4. INTERNATIONAL PROTECTION INCLUDING ASYLUM 4.1 International protection procedures 4.2 Reception of applicants for international protection 4.3 Integration of asylum applicants and persons with international protection status 4.4 Measures to implement aspects of the CEAS 5. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS 5.1 Unaccompanied Minors 5.2 Other Vulnerable Groups 6. ACTIONS ADDRESSING TRAFFICKING IN HUMAN BEINGS 4

5 7. MIGRATION AND DEVELOPMENT POLICY 8. IRREGULAR MIGRATION 9. RETURN 10. IMPLEMENTATION OF EU LEGISLATION 11. OTHER RELEVANT NATIONAL POLICY DEVELOPMENT IN THE FIELD OF MIGRATION AND ASYLUM ANNEXES: Annex A: Methodology and Definitions A1. Methodology A2. Terms and Definitions Annex B: National Statistics Annex C: Bibliography 5

6 Executive Summary This Annual Report is intended to present the developments that took place in 2013 in Greece in the areas of immigration and asylum.currently, in addition to designing, reviewing and adjusting its immigration and asylum policy to deal with the problems and challenges emerging because of the economic crisis and the large mixed immigration flows, Greece has launched the new services, the Asylum Service and First Reception Service, applying two years later Law 3907/2011 that transposes Directive 2008/115/EC on common standards and procedures in Member States for the return of illegally staying third-country nationals and other provisions. At the same time, Greece is trying to safeguard and enhance social cohesion through the integration of third-country nationals legally residing in the country as economic immigrants or beneficiaries of international protection, by having drawn up the National Strategy for the Integration of Third- Country Nationals adopted in April 2013 and having completed the draft law for an Immigration and Social Inclusion Code, now discussed by the Parliament s plenary session, having completed the deliberation process in October Positive developments within 2013 would definitely include the fact that asylum system has been institutionally and substantially modernised by the new Services. Typical is the fact that since the Service was launched on 7 June 2013 to the end of January 2014, the Asylum Service had received 5,577 requests for asylums by aliens coming from 77 countries, while the biggest difference of the new system other than the speedier handling of the cases is that rates for providing asylum status have considerably risen: in first-instance, from June 2013 to January 2014, refugee status was granted to 11.6% of asylum-seekers, while 5.2% received subsidiary protection; i.e. overall one to six asylum-seekers mainly originating in Afghanistan, Syria, Iran, Eritrea and Sudan was granted in 2013 the protection they were deprived of in their countries of origin, which they are entitled to under international law. Note that respective percentage in 2012 was 0.9% the lowest in the EU by far. In the second half of 2013, the Regional Offices of the Asylum Services began their operations in Attica (on Katechaki street), in Northern and Southern Evros, Lesvos and Rhodes while ad hoc support teams have been examining applications filed by detainees in Thessalonica and in Amygdaleza (Attiki) detention centre. The National Action Plan for asylum and immigrations foresees that offices will run also on Samos, Chios, Heraclion and Patras within From another viewpoint, as regards border control, the restructuring of the border control authorities in Evros has undoubtedly contributed to the drastic containment of irregular entries to Greece, although certain national practices or steps taken, such as the infamous fence was questionable from a human rights aspect. Thus, border management to deal with illegal immigration by the Ministry for Citizen Protection/Public Order, having invested in the past two years in the protection of border and the control of entry/exit points aiming at preventing new immigration flows, also with the support of European agencies, such as FRONTEX, have undoubtedly contributed to a drastic containment of incoming flows. Coupled with the enhancement of return procedures and the assisted voluntary return through the International Organisation for Migration (IOM), they are a substantial linchpin of the Greek asylum and migration policy. 1 Staffing the Asylum Services is one more innovation as compared to previously. The 207 employees are in their majority particularly those conducting interviews and recommending the preliminary admission or rejection of a request holders of university (often post-graduate) diplomas in law, political sciences or humanitarian studies. 6

7 However, it has been estimated that the severe economic crisis that has hit our country was also decisive in the reduced entries, considering that our country is not a preferred route of access to the European Union in terms of security and temporary employment. In any case, as mentioned in the last report by Frontex12, detections of illegal border-crossing along EU s external borders sharply dropped by 49% due mainly to the enhanced surveillance of the land border in Evros; to be more exact, arrests of illegal immigrants dropped from 141,051 in 2011 to 72,437 in 2012 and to just 39,759 in However, this impressive number does not rule out the contingency of such bordercrossings having been partially re-routed to less controlled access routes to the EU, such as the land borders between Turkey and Bulgaria 3. The Directive on common standards and procedures for returning illegal immigrants 4 is intended to provide common norms as to the management of those third-country nationals that lack papers that certify their legal residence or employment in the territory of the EU member states. The system now applied in Greece, at a faster and more effective pace in 2013, promotes the alien s cooperation, i.e. their (voluntary) return of third-country nationals to their countries of origin, considering that the general rule followed is that those lacking a residence permit, for any reason whatsoever, must return to their country of origin. Furthermore, the system establishes considerable safety pins as regards the checks (administrative or judicial) of the legitimacy of detention for as long as return procedures continue. The forced removal or expulsion, according to the Greek laws, the administrative detention as long as return procedures continue, the alien s co-operation or lack thereof, they all have a common denominator: the removal (Article 6, par. 4 of the Directive). However, questions having to do with the arrest and provisional detention of immigrants waiting for their return to their countries of origin are unquestionably one of the most difficult issues to be addressed by the Greek authorities in the next period of time, considering that accumulating such a large number of detainees for such a prolonged period does not allow for a basic standard of living, or their humane treatment. As regards the biggest problems evident within 2013, they seem to have to do with two categories of third-country nationals that have been trapped in a status on hold, a fact that only perpetuates problems, putting more stress on Greek authorities. This includes the victims of crisis in Greece on the one hand and the victims of crises in third countries where the majority of immigrants originate, on the other: long-term residents that because of the crisis were not able to renew their permit or those lacking legitimizing papers, but their long stay in Greece makes them a particular category (protracted irregularity). This also includes third-country nationals from countries facing humanitarian crises (in 2013, Syria, Mali, Central African Republic, South Sudan, Somalia) that are impossible to remove (unremovables). In the first case, evidence shows that humanitarian status is granted and in the second case, immigrants are not encouraged to make a request for asylum, but are given a paper for 6-month suspension of their removal by the Greek authorities. This time frame may be extended as long as the relevant conditions persist. 2 On the recent developments along all borders of the EU, see Frontex, Annual Risk Analysis A. Takis, op. cit. p See Directive 2008/115/EC of the European Parliament and the Council of 16 December

8 The draft law Migration and Social Inclusion Code, for which deliberation process has been completed and is now ready for review by the Parliament s plenary session attempts to address certain aspects of the question at hand. In fact, the key legislative instrument used up to the moment this Report was drafted was Law 3386/2005 on the entry, residence and social inclusion of thirdcountry nationals, as amended and applicable today; the draft law Migration and Social Inclusion according to its Explanatory Report, gathers in a single document all law arrangements, presidential decrees and regulatory decisions (ministerial and joint ministerial decisions) that concern immigration laws in our country, transposes certain EU Directives 5 and includes arrangements as regards residence permits for work, for humanitarian reasons, for human trafficking victims, for family reunification, including arrangements for residence permits of long-term staying thirdcountry nationals, residence permits for second-generation immigrants, EU Blue Cards for highly qualified workers, while reference is also made to matters of social inclusion, codifying the existing framework and simplifying procedures for the issuance and renewal of residence permits, work issues etc. The long-expected preparation of this draft law 6 is a necessary tool for the Greek migration policy that to this date was based on a multi-level and partially inter-dependent institutional context that has been subject to many changes, thus causing an excessive amount of laws and complexity in the relevant procedures. Recommended changes to the draft law, as highlighted by the deliberation process that was completed in October include: speeding up the procedure by continuing the review for a residence permit 8,simplifying the procedure for granting and renewing certain residence permits for humanitarian reasons, facilitating provision of residence permits to long-term residents under Directive 2003/109/EC considering that legal stay for twelve consecutive years will be proof for social inclusion after the Code enters into force, reducing financial obligations in view of the economic crisis (fines, stamp duties), overriding former irregular stay in Greece as a barrier for allowing family members already located in Greece to seek reunification, and reforming and simplifying long-term residence permits for second-generation immigrants. The law keeps the previous system of labour migration management with the invitation process (metaklisi) and the biannual planning of labour market needs. Unfortunately, as discussion that followed the deliberation process showed, the improved provisions and procedure come late, considering that financial circumstances in the past years in Greece have already caused many immigrants that could have been included in the status of long- 5 Other than encoding the applicable laws, the Code also transposes Directive 2011/98/EU for a single permit for thirdcountry nationals. 6 The drafting of the new law on the Migration and Social Inclusion Code begun in 2010, whereas the Drafting Committtee was set up on April Among others, see Explanatory Report, ΑΓΑ: 04-02Κ0, and deliberation process from 17 to 29 October 2013 that included 370 comments, at See also comments by the Greek Ombudsman, Remarks on the Draft Law ratifying the Migration and Social Inclusion Code, , at Last, Hellenic League for Human Rights, 8 Ff the relevant authorities of the Ministry of Public Order and Protection of Citizen do not respond within the specified timeframes in sending the opinion on the existence of reasons of public order and security for the issuance of a decision granting a residence permit. The absence of a timely response does not preclude the issuance of a permit (art. 6, c, 4)] 8

9 term residents to lose the legitimacy of their stay, either due to the lack of a sufficient number of social contributions or for lack of sufficient resources to maintain their family. The draft law does provide for a solution to the problems or to re-establishing legitimacy for those that did not manage to renew their residence permits after long-term legal stay in Greece within the context of introducing transitional provisions, under certain circumstances. In fact, according to information presented in the deliberation process, the number of residence permits in Greece in 2013 rises to 473,000 (from 600,000 in 2009), while outstanding issues are more than 130, Furthermore, issues not addressed by this draft law but will involve a separate legislative arrangement in 2014 concern citizenship, after the developments that came after Decision 460/2013 by the Plenary Session of the Council of State that ruled that the provisions of Law 3838/2010, as regards the acquired status of citizens by birth or for attending a Greek school for six years were unconstitutional. The same Decision ruled that Articles 14 to 21 of Law 3838/2010 regarding longterm residents right to participate in the elections for primary Local Self-Government Organisations were contrary to Articles 1, 5 and 102 of the Greek Constitution. This is a dismal development that will have a negative effect on the unhindered inclusion of immigrants in the Greek territory. Finally, incidents of racist violence have been very alarming and have highlighted the need for immediate transposition of Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime. The relevant law-drafting committee has been set up since , but has not yet completed its work, having extended its mandate until September However, particularly for victims of racist violence, the Greek Ombudsman has pointed out that Greece has not yet complied with Council Framework Decision 2008/913/JHA on combating racism and xenophobia. Hence, this will be a priority in INTRODUCTION This Annual Report is intended to present the developments that took place in 2013 in Greece in the areas of immigration and asylum. The 2013 Annual Policy Report is the tenth report submitted by the National Contact Points of the European Migration Network (EMN). At the same time, the report intends to become a document of reference on an annual basis also at a country level, both for the agencies shaping policies and for Greek administration. To draft this report, we followed the Specifications of EMN that, other than the European Pact on Immigration and Asylum and the Stockholm Programme, are also based on the priorities of the European Policy on Asylum and Immigration as highlighted through the EU Global Approach on Migration, the EU Action on Migratory Pressure, the EU Strategy towards the eradication of trafficking in human beings, as well as the European Strategy for the Integration of Third-country Nationals. Therefore, the Annual Report includes the measures planned or implemented under the National Plan on Asylum 9 The evidence given and references to the Migration Code were made during the discussion of a question submitted by SYRIZA MP Nikos Voutsis, who remarked that in the past years, it seems that we have established a policy of removing and discouraging third-country nationals, even those that have legitimate papers and fulfil the conditions to stay in Greece. In the same discussion, the deputy Minister for the Interior made also mention to third-country nationals right to vote in self-government elections, Kathimerini newspaper, See relevant ministerial decision, 9

10 and Migration and the National Strategy for the Integration of Third-country Nationals (April 2013) that revolves around the principal targets of the common European policy on asylum and migration. Currently, Greece is designing, reviewing and adjusting its immigration and asylum policy to deal with the problems and challenges emerging because of the economic crisis and the large mixed immigration flows, all by ensuring and strengthening social cohesion through the integration of third-country nationals legally residing in the country as economic immigrants or beneficiaries of international protection marks an extremely important time for Greece that is awarded the Presidency of the European Union (first half of 2014) having beforehand decided four pillars of work, one being to redesign a European Policy on Asylum and Migration, under the long awaited adoption by the European Council of June 2014 of the Strategic Guidelines as set out in article 68 of the EU Conventions. The relevant aims of the Greek Presidency refer particularly as regards to the need to review Dublin ΙΙ or ΙΙΙ Regulation towards the provisional suspension of returns after a relevant request by a Member State that faces much pressure and towards the elimination/amendment of the firstentry criterion. Moreover, given that a large influx of third-country nationals are attempting to enter the EU through the Greek borders because of the country s geographic location, the Greek Presidency focuses on the need to establish a system for the pro rata distribution of the beneficiaries of international protection and vulnerable groups (regardless whether they enjoy a regime of protection) based on specific criteria (Member State financial situation and population). Such solidarity actions are considered required in order to establish, preserve and sustain a Common European Asylum System and are a necessary complement to foreign solidarity actions. This is a big challenge for the Greek Presidency, considering that in the current circumstance of the economic or at times social crisis immigration is an area of political controversy throughout the EU that deals with the phenomenon of mixed immigration flows in two ways: promoting legitimate selective immigration or the cyclical immigration of highly qualified staff as a factor for growth, on the one hand; combating illegal immigration on the other, relying on a strict legislative framework that incurs returns, expulsions and detention on the other. Finally, establishing the conditions for the inclusion of legal immigrants through family reunification and the status of long-term residents that would lead to multi-cultural societies 11 seems to go hand in hand with attracting qualified or highlyqualified immigrants 12, via a so-called selective or cyclical immigration that will be the next challenge for Greece 13. Methodology This Report analyses information, evidence, facts and development mainly in terms of the institutional framework and the way it is implemented, changes to the legal footholds of Ministries and other agencies responsibilities in the context of immigration and asylum that took place in 11 Inspired by socialdemocrats according to A. Takis, Long-term residents without papers: the cursed reserve of European migration and asylum policies, page 6, at 12 See Focussed Report EMN 2013 Attracting highly qualified and qualified third-country nationals 2013, at 13 Supra 10

11 2013. To draft this report, information was drawn from the web sites of the competent government or other agencies (see relevant Annex 1), as well as Studies and Reports by the European Migration Network. Statistics and important data were provided by Ministry officials engaged in Migration and Asylum (Ministry of Interior, Ministry for Citizen Protection, Ministry of Labour, Ministry of Foreign Affairs, Ministry of Justice). Research made to newspapers electronic files and legal databases for the relevant laws and case-law was extended. 1. Structure of Asylum and Migration Policy Main actors involved in shaping the Policy 14 The institutions that shape the asylum and migration policy seem to be in a constant process of restructuring, as priorities of the Greek or European policy change. Thus, the main state and other agencies responsible for designing, shaping and implementing the relevant policy are the following: 1. The Ministry for Public Order and Citizen Protection The Ministry for Public Order and Citizen Protection is responsible for coordinating the work of the Security Agencies and the Services entrusted with the security of citizens, the country s internal security, combating crime, addressing natural disasters, border surveillance and managing illegal immigration, including matters of asylum and reception via the Asylum Service, the Appeals Authority and the First Reception Service. Note also that Law 3938/2011 (Article 3), established the independent Service for the Management of European and Development Programmes (in Greek YDEAP) within the Ministry for Citizen Protection that reports directly to the Minister for Citizen Protection; its responsibilities include handling and making best use of European programmes that concern sponsored Ministry operational and developmental actions and co-ordinating the work of jointly competent Ministries for implementing such actions. The Service for the Management of European and Developmental Programmes is also the national authority responsible for implementing decisions 574/2007/EC and 575/2007/EC of the European Parliament and the Council of May 23 rd, 2007, establishing the External Borders Fund and the European Return Fund, in the context of Framework Programme Solidarity and Management of Migration Flows. The recently-established Services (Asylum Service, Appeals Authority and First Reception Service) The review of requests for international protection was the responsibility of the Hellenic Police until June 7 th, 2013, when the new Asylum Service was launched. The Asylum Service is an independent, political service that reports to the Ministry of Public Order and Citizen Protection, responsible for planning and designing the country s policy on granting asylum or other forms of international protection, including policy monitoring and assessment, the reception and review of requests for international protection and decisions thereon in the first instance etc. This Service was established under Law 3907/ Considering that the main change for 2013 concerns the Asylum Service and the First Reception Service, the Ministry for Citizen Protection is referred to in more detail. 11

12 The same law also established the Appeals Authority, an independent political service that also reports to the Ministry for Public Order and Citizen Protection. The Appeals Authority also launched its operations on June 7 th, 2013 and is responsible for the review of requests for international protection in the second instance. Law 3907/2011 also established the First Reception Service for the good and lawful management of mixed immigration flows via the First Reception Centres (in Greek KEPY) and the First Reception Movable Units, to facilitate the separation of asylum-seekers and immigrants, including detect vulnerable groups. According to Law 3907/2011, all third-country nationals apprehended while entering the country without having fulfilled the legal formalities are subject to the first reception procedure. Moreover, Law 4172/2013 added one more responsibility to the First Reception Service, i.e. the ability to establish Lodges for asylum-seekers and vulnerable third-country nationals 15. Note also that the National Centre of Social Solidarity that reports to the Ministry of Labour, Social Security and Welfare is responsible for handling housing requests for asylum-seekers and other vulnerable groups (in Greek EKKA), such as unaccompanied minors. The new Asylum Service and the Appeals Authority are the main linchpins of the asylum system in Greece. However, we should stress out that parallel to these recently-established services, asylum requests that we still outstanding (backlog) on June 7 th, 2013 (the day the two services were launched) are still being reviewed either by the Hellenic Police in the first instance, or by the 20 Refugee Committees that also report to the Ministry for Public Order and Citizen Protection and review these requests for international protection in the second instance. 2. Ministry of Foreign Affairs The Ministry of Foreign Affairs is responsible for Schengen visas, long-term (national) visas and transit visas. Furthermore, the Ministry is responsible for the negotiations that lead to the execution of agreements, such as e.g. readmission agreements (see relevant EMN Focussed Study), relations with diplomatic and consular authorities and since 2013 it is responsible for the coordination officially of the National Agency to Combat Human Trafficking. 3. Ministry of Interior The Ministry of Interior, by the intermediary of the General Secretariat for Population and Social Cohesion, is responsible for the migration policy and the social inclusion of third-country nationals, setting the legal framework on the entry and residence of third country nationals in the Greek territory, providing guidance for the uniform application of the law by the competent agencies on immigration of the decentralized authorities with respect to issuing residence permits and on naturalization issues. 4. Ministry for Labour, Social Security and Welfare The Ministry for Labour, Social Security and Welfare is responsible for setting the maximum number of third-country nationals eligible for entry in the country annually for work, and for monitoring implementation of the labour laws (Hellenic Labour Inspection Corps). Since 2012, via the National Centre for Social Solidarity (in Greek, EKKA), the Ministry is responsible for the 15 For the structures available in Greece in 2014, see Centres for Hosting Asylum-Seekers 12

13 accommodation of asylum-seekers and unaccompanied minors, as well as the European Refugee Fund. 5. Ministry of Health The Ministry of Health is responsible for matters of medical and hospital care for uninsured thirdcountry nationals (including those lacking papers). 6. Ministry of Justice, Transparency and Human Rights The Ministry of Justice, Transparency and Human Rights is responsible for matters of convicting human traffickers, for the law-drafting committees of the relevant draft-laws and for the custody of unaccompanied minors via the Public Prosecutors. 7. The Ministry of Marine and Aegean Sea The Ministry of Marine and Aegean Sea is responsible for the surveillance of sea borders in cooperation with External Borders European Agency (FRONTEX). Other Agencies include: The Inter-ministerial Committee for Migration Policy (Article 3, Law 3386/2005) that meets twice a year to deliberate on questions of migration policy. The Decentralised Administrations that reviews supporting documents for the issuance of residence permits, including matters of citizenship/naturalization. The Greek Ombudsman, an independent authority, to be more exact, the Ombudsman for Immigrants, Refugees and Expatriates is the institutional agency for the protection of immigrants, refugees and expatriates rights, investigating both structural problems as regards the status of thirdcountry nationals in Greece and individual cases. The National Committee for Human Rights, a consultative agency of the State addresses recommendations or suggestions to amend the laws on human rights. The International Organisation for Migration (IOM) is responsible for voluntary returns in the context of programmes sponsored by the EU, the Ministry for Public Order and Citizen Protection and third countries under bilateral agreements. The UN High Commissioner for Refugees (Office in Greece) co-operates with competent authorities and NGOs for the protection of refugees and asylum-seekers in Greece, particularly as regards the asylum process. Concerning civil society stakeholders (NGOs) that engage in matters of asylum and migration, they include: the Greek Council for Refugees that supports refugees and asylum-seekers offering legal assistance, METAction that offers interpreting or translation services and other NGOs, such as Medin, Doctors without Borders that assist access to medical care for uninsured third-country nationals, inside or outside detention centres. Legislative framework The principal legal instruments for the asylum system, the reception of asylum-seekers and irregular immigrants, for the returns etc are the following: - Law 3907/2011 establishing the Asylum Service and the First Reception Service, adjusting Greek laws according to the provisions of Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals and other provisions; 13

14 - PD 113/2013 establishing a single procedure for granting the refugee status or subsidiary protection in compliance with Directive 2005/85/EC of the Council on minimum standards on procedures in Member States for granting and withdrawing refugee status (L 326/ ) and other provisions; - PD 114/2010 establishing a single procedure for granting the the refugee status or subsidiary protection to aliens and stateless people in compliance with Directive 2005/85/EC of the Council on minimum standards on procedures in Member States for granting and withdrawing refugee status (L 326/ ) (applied when reviewing outstanding requests for international protection backlog); - PD 141/2013 that aligns Greek laws with the provisions of Directive 2011/95/EU of the European Parliament and the Council of December 13 th 2011 (L 337) on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status of refugees or for persons eligible for subsidiary protections, and for the content of the protection granted (recast); - PD 220/2007 aligning Greek laws with the provisions of Directive 2003/9/EC of the Council of January 27 th, 2003, laying down minimum standards for the reception of asylum seekers (ΔΔL 31/ ); - PD 102/2012 on the organisation and operations of the First Reception Service under the Ministry for Public Order and Citizen Protection; - PD 104/2012 on the organisation and operations of the Asylum Service under the Ministry for Public Order and Citizen Protection. The key legislative instrument on migration policy up to moment this Report was drafted still remained Law 3386/2005 on the entry, stay and social inclusion of third-country nationals as amended and applicable today. However, since October 2013, deliberation process has been completed and the draft law Migration and Social Inclusion is ready for submission to the Parliament s plenary session; according to its Explanatory Report, this draft law gathers in a single document all law arrangements, presidential decrees and regulatory decisions (ministerial and joint ministerial decisions) that concern immigration laws in our country, transposes certain EU Directives 16 that concern our country s migration laws and includes arrangements as regards residence permits for work, for humanitarian reasons, for human trafficking victims, for family reunification, including arrangements for residence permits for long-term residents, residence permits for second-generation immigrants, EU Blue Cards for highly qualified workers, while reference is also made to matters of social inclusion. 2. OVERVIEW OF ASYLUM AND MIGRATION POLICY DEVELOPMENTS 2.1 Political developments In 2013, the economic and fiscal crisis continued to determine the country s central political choices. In June 2013 DIMAR [Democratic Left] party withdrew from the government coalition 16 Other than encoding the applicable laws, the Code also transposes Directive 2011/98/EU for a single permit for thirdcountry nationals. 14

15 (see in detail Annual Report 2012),as a result of the way the Public Broadcaster s (ERT) restructuring was handled. This withdrawal led to a reshuffling that changed the Minister of Interior at a crucial time for the National Migration and Asylum Plan, the launch of the Asylum and First Reception Services as well as for the preparation of the Greek Presidency (that set the reform of the European asylum and migration policy as a central objective). The policy however did not change and the broader orientations in relation to asylum and migration according to the coalition s programme agreement remained the same, i.e.: combat irregular immigration, guard borders, cooperate with the European Agency for the Management of Operational Cooperation at External Borders for EU Member States (FRONTEX), amend the provisions of Dublin ΙΙ (an aim of the Greek Presidency for the first half of 2014), the policy of returning irregular immigrants, deal with problems that concern structures for detaining immigrants pending return/expulsion and last but not least, speed up the procedure for the review of asylum requests by staffing the new Asylum Service and the First Reception Service (June 2013). Greece participates actively in pursuing these objectives, although continuing on in the tradition of atransit country, despite legal and administrative changes in Main policy and legislative debate that prevailed on migration and asylum concerned the new Services and Structures for asylum, detention issues, returns, acquisition of citizenship, the draftlaw for combating racist violence and the submission of draft-law Code for Migration and Asylum for deliberation. The focus of the strategy followed in relation to the inclusion of immigrants has been outlined in policy documents, such as the National Strategy on the inclusion of third country nationals of the Ministry of Interior (April 2013). Positive developments within 2013 would definitely include the fact that asylum system has been institutionally and substantially modernised by the new Services; nevertheless, the restrictions of the European framework (Dublin) still cause populations to pile up in countries at the external EU borders, such as Greece. Typical is the fact that since the Service was launched on 7 June 2013 to the end of January 2014, the Asylum Service had received 5,577 requests for asylums by aliens coming from 77 countries. Asylum status granting rates range from zero (for asylum-seekers from Albania and Georgia) to 99.1% for Syrians and 100% for Somalis. Mean waiting time for decisions in the first instance is 63 days. The biggest difference of the new (Asylum Service) with the older procedure (Hellenic Police Headquarters) other than the speedier handling of the cases is that rates for granting asylum status have considerably risen: in first-instance, from June 2013 to January 2014, refugee status was granted to 11.6% of asylum-seekers, while 5.2% received subsidiary protection; i.e. overall one to six asylum-seekers mainly originating in Afghanistan, Syria, Iran, Eritrea and Sudan was granted in 2013 the protection they were deprived of in their countries of origin, which is their right under international law. Note that the respective percentage in 2012, when the procedure was still in the hands of the Hellenic Policy was 0.9% the lowest in the EU by far.a positive development would also be the gradual staffing of the Services within the second half of 2013, whenthe Regional Offices of the Asylum Services began their operations in Attica (on Katechaki street), in Northern 17 See Annual Policy 2012, p. 2 See National Strategy for the Inclusion of Third-Country Nationals, 2013 at f516-40ff-a70e-eca84e2ec9b9/ethnikisratig_ pdf 15

16 and Southern Evros, Lesvos and Rhodes while ad hoc support teams have been examining applications filed by detainees in Thessalonica and in Amygdaleza (Attiki). The National Action Plan for asylum and immigrations foresees that offices will run also on Samos, Chios, Heraclion and Patras within As regards border control, the restructuring of the border control authorities in Evros has undoubtedly contributed to the drastic containment of irregular entries to Greece, although certain practices or steps taken by the national authorities, such as the infamous fence was questionable from a human rights aspect. It has been estimated that the severe economic crisis that has hit our country was also decisive in the reduced entries, considering that our country is not a preferred route of access to the European Union in terms of security and temporary employment. In any case, as mentioned in the last report by Frontex, detections of illegal border-crossing along EU s external borders sharply dropped by 49% due mainly to the enhanced surveillance of the land border in Evros; to be more exact, arrests of illegal immigrants dropped from 141,051 in 2011 to 72,437 in 2012 and to just 39,759 in However, this impressive number does not rule out the contingency of such border-crossings having been partially re-routed to less controlled access routes to the EU, such as the land borders between Turkey and Bulgaria 20. The Directive on common standards and procedures for returning illegal immigrants 21 is intended to provide common norms as to the management of those third-country nationals that lack papers that certify their legal residence or employment in the territory of the EU member states. The system now applied in Greece, at a faster and more effective pace in 2013, promotes the alien s cooperation, i.e. their (voluntary) return of third-country nationals to their countries of origin, considering that the general rule followed is that those lacking a residence permit, for any reason whatsoever, must return to their country of origin. Furthermore, the system establishes considerable safety pins as regards the checks (administrative and judicial) of the legitimacy of detention for as long as return procedures continue. The forced removal or expulsion, according to the Greek laws, the administrative detention as long as return procedures continue, the alien s co-operation or lack thereof, they all have a common denominator: the removal (Article 6, par. 4 of the Directive). Another area of political controversy was the government s actions after the Council of State s plenary session ruled that the provisions of Law 3838/2010, as regards the acquired status of citizens by birth or for attending a Greek school were unconstitutional, as well as legal immigrant s right to vote in primary local government elections; this triggered reaction both by government partners (PASOK) and controversy between the government and the opposition, including the Greek Ombudsman and the civil society. Note that this law had already, since its adoption in 2010,triggered strong opposition within the Parliament and vivid debate in the media Staffing the Asylum Services is one more innovation as compared to previously. The 207 employees are in their majority particularly those conducting interviews and recommending the preliminary admission or rejection of a request holders of university (often post-graduate) diplomas in law, political sciences or humanitarian studies. 19 On the recent developments along all borders of the EU, see Frontex, Annual Risk Analysis A. Takis, op. cit. p See Directive 2008/115/EC of the European Parliament and the Council of 16 December Newspaper Ta Nea, The government stands firm in its decision to vote for the draft law for immigrants, ( ), Newspaper Ethnos 77.1% of citizens are in favour of granting citizenship to immigrants children, ( ), 16

17 Finally, one of the questions discussed at a political level, including international agencies and NGOs that visited Greece within 2013 were the incidents of racist violence and other violent incidents that took place in the year. As an example, on January 17 th 2013 Shehzad Luqman, a Pakistani citizen, was assassinated by two persons purported to be members of the extreme-right organisation Golden Dawn 23, while on April 18 th 2013, 92 Bangladeshi workers were attacked by gunmen in Manolada, when they tried to claim their pays and defend their rights 24. On May 31 st, 2013, the Greek Council for Refugees (NGO) filed a complaint for the abduction of a Turk asylum-seeker 25, while on August 11 th, 2013, serious incidents took place during an insurgency at Amygdaleza detention centre, where 1,620 third-country nationals were detained 26. This insurgency brought about a series of conditions and procedural safeguards necessary to enforce a freedom-deprivation measure in the light of international and European laws. UN Working Group on Arbitrary Detention outlined these questions in its relevant press release on January 31 st, 2013, after a ten-day visit to Greece 27, and they were reiterated by the UN High Commissioner for Refugees in remarks made on August 20 th, 2013, regarding the administrative detention of thirdcountry nationals in Greece, including asylum-seekers 28.Finally, the list of these sad incidents extended in September 2013 by the atrocious assassination of Pavlos Fyssas, member of an antiracist group, by members of the extreme-right organisation Golden Dawn 29. This assassination that shook public opinion triggered a storm of antifascist and antiracist protests and rallies all over Greece and reaction all over the world 30 and flared up the debate on racist violence in Greece. In this area, much was contributed by the Racist Violence Recording Network that became a point of reference at a national and international level for highlight hate crimes, as its action came to fill in a significant deficiency of the State: the lack of an official and effective system to record the incidents and tendencies for racist violence in our country. It is worth noting that a draft-law dealing with racist violence was drafted and received preliminary approval on 3/12/2013; this is draft law Amending Law 927/1979 (Α 139) and aligning it with EU Council framework decision 2008/913/JHA of November 28 th, 2008, on combating certain forms and expressions of racism and xenophobia by means of criminal law. Newspaper Eleftherotypia Samaras: The migration law is a Trojan Horse ( ), Newspaper Kathimerini, Citizenship and national identity, ( ), Newspaper Kathimerini, The parliament voted in favour of the draft law on citizenship, ( ) etanastes_poy_zhthsan_na_plhrwthoun html

18 The draft law foresees high pecuniary penalties and penalties of imprisonment for expression of hatred or violence based on race, colour, religion, descent or national or ethnic origin. The first attempt to file a draft law to the Law-Drafting Committee in May 2013 caused a hurricane of reaction; the draft-law was never subject to deliberation; instead, the government announced that it would elaborate the draft-law further, with a view to improve it. The reshuffling in June 2013 and the replacement of the Minister of Justice, Transparency and Human Rights A. Roupakiotis by C. Athanassiou may partially explain this delay 31. Residence permits in statistics As regards the statistics of the relevant provisions, according to latest information by the Ministry of Interior, in 2013, 462,319 aliens have a residence permit in our country and 135,478 requests for renewal are outstanding % (409,125 people) among such aliens come from Albania, 3.63% (21,723 people) from the Ukraine, 3.23% ( people) from Georgia and 3.12% (18,681 people) from Pakistan. Finally, 54.1% of resident permit holders came to Greece to find work, 44.4% came for family reunification and 1.5% came for studies. Note also that one to ten legally residing aliens is the spouse of a Greek citizen. As regards arrests of immigrants according to information of the Hellenic Police 32, in the first nine months of 2013, they dropped (from in January to September 2012 to 31,050 in the same period in 2013), a fact that seems to be owed to the reduced border crossing by the Greek-Turkish land borders (Evros). For example, 30,147 aliens were apprehended in the first nine months of 2012, when in the same period in 2013 arrests concerned 776 people. Returns Finally, returns of immigrants to their countries of origin lag considerably behind the reduced number of arrests in Note for example that according to the Ministry for Public Order and Citizen Protection, 22,117 aliens returned in 2012 and 26,186 in 2013, an increase by 18.4%. Note also that data by the International Organisation for Migration (IOM) report that approximately immigrants have been repatriated from Greece in the past 3 years through various programmes Overall developments in asylum and migration The implementation of the changes to the Greek legislative framework that began in 2011 and were completed in 2013 by applying the law provisions for the new Services (Asylum Service, Appeals Authority, First Reception Service), and by drafting the draft-law Code of Migration and Social Inclusion now form a comprehensive political, legislative and institutional framework on asylum and migration. In the past 8 years, however, the applicable legal context and the linchpin of migration policy was Law 3386/2005, with its amendments via relevant Presidential Decrees, which 31 See relevant articles 32 See Hellenic Police web site 33 UK launches 2m project in Greece to assist repatriation of migrants, , see 18