COUNTRY FACTSHEET: GREECE 2012

Transcription

1 COUNTRY FACTSHEET: GREECE 212 EUROPEAN MIGRATION NETWORK 1. Introduction This EMN Country Factsheet provides a factual overview of the main policy developments in migration and international protection in Greece during 212, including latest statistics. It has been prepared in conjunction with the European Commission s 4th Annual Report on Migration and Asylum (212). 2. Legal Migration and Mobility 2.1. PROMOTING LEGAL MIGRATION CHANNELS The EU Immigration Portal was launched in 212. Greece provides detailed information thorough the European Migration Network regarding: the procedures for admitting third-country nationals in Greece; the risks of illegal migration and; the structure of the relevant immigration and asylum services ECONOMIC MIGRATION During 212 there were no major policy developments in this area. Nevertheless, Greece continued its efforts to improve operational and policy developments in this field. For example, Greece transposed the EU Blue Card Directive (29/5/EC) by means of Law 471/212. In addition, the government has continued its work on the establishment of the Onestop services" 1 which aim to simplify, accelerate and improve procedures for the acquisition and renewal of residence permits. Thus by the end of 212, a total of 29 One-stop services were operational. The Ministry of Interior has continued its work regarding the provision of information and guidance to the newly established one-stop services and to the Aliens services within the Municipalities. In addition, the invitation procedure regarding the engagement of foreign workers (seasonal workers/ fishermen), was simplified by: reducing administrative procedures; reducing the costs requested to the employer and; by 1 Introduced in 211 by Law 418/211 to transpose Council Regulation (EC) No. 13/22 and the gradual transformation of the Immigration Services in the Decentralised Administrations (formerly Regions) introducing the possibility of entry and residence upon national visa (Visa D) only and without the subsequent issuance of residence permit. Also, the provisions of Articles 5 and 6 of Law 418/211 concerning the admission of third-country seasonal workers and fishermen workers, respectively, were applied for the first time. Finally, in order to attract financial investment, the government is considering granting residence permits to third-country nationals investors that bought or will buy property in Greece of a value higher than 25 Euro. However, the permit will not authorise the investor to exercise an employment activity, nor the acquisition of Greek citizenship FAMILY REUNIFICATION There have been no institutional, operational or policy changes during 212 regarding family reunification. Law 471/212 amended certain provisions of the Presidential Decree 16/27 in order to fully comply with Directive 24/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of Member States. On October 1, 212 the Directorate of Migration Policy of the Ministry of Interior informed the Decentralised Administrations of Greece that any request for a residents permit renewal should be rejected as unfair and contrary to the applicable law (upon enough evidence), in relation to cases of third-country nationals who hold a residence permit for family reunification reasons, but reside outside the Greek territory INTEGRATION Due to the high proportion of third-country nationals legally residing in Greece, integration policy remains a priority within the government s agenda. However, the current economic crisis has resulted on the departure of numerous legal immigrants (within the construction sector in particular) and on the inability of many legal immigrants to provide the

2 number of stamps required to renew their resident permits. As a result, since 211 the minimum insurance period required has decreased from 2 to 12 days, for certain categories. Also, immigrants can apply for a resident permit for exceptional reasons, however, it s a lengthy process which deprives the applicant the right of naturalisation, as the time of legal residency it s interrupted, and thus it does not guarantee the applicant the legality of its residence during the process. During 212, media and public opinion highly criticised the decision of the Plenary of the Council of State regarding the provisions of Articles 1A and 24 of Law 3838/21 on Greek citizenship and political participation of expatriates and lawfully residing immigrants. The Court had found unconstitutional the right of acquisition of Greek citizenship by birth in Greek territory or by attending a Greek school in Greece. According to Law 3838/21, the acquisition of citizenship is based on purely formal conditions without an individualised judgement on the real links between the applicant and the country. As a result, the Prime Minister requested the Deputy Minister of Interior to draft a law to be consistent with the Court s decision and European Legislation, causing both the Government partners and the opposition party, to oppose to any modification to the current legislation. 2.5 MANAGING MIGRATION AND MOBILITY 2 The Visa Information System (VIS) has been operational since October 211. The National Action Plan Greece-Schengen was revised during 212. The Plan aims to further enhance the coordination of the co-responsible state agencies regarding the borders management and to improve the current facilities as well as the allocation of personnel and assets. Thus, a panel of European experts undertook a peer-to peer visit in Greece in order to identify the areas in which Greece could obtain technical assistance from other Member States. The establishment of a National Coordination Centre for the Surveillance and Control of Borders was introduced by Law 458/212, following the European Border Surveillance System (EUROSUR) proposal. On Visa Policy, a pilot programme was implemented between June-September 212, throughout which short tourists arrivals from Turkey were encouraged, by issuing the visas at Rhodes, Kos, Samos, Chios and Mytilene islands. During the same year, the Hellenic Ministry of Foreign Affairs fostered Visa Centres within certain third countries in order to be able to respond to the increased applications demand. Greece also signed a Memorandum of Cooperation with Frontex to enhance further surveillance within the Greek borders. During 212 the POSEIDON, land and sea operations, together with Focal Points land and air took place. 2 Managing migration and mobility refers to the following themes: visa policy, Schengen governance and border monitoring. 3. International Protection and Asylum Most of all EU Member States have suspended the return of asylum seekers to Greece under the Dublin II regulation following a number of convictions against Greece, concerning the efficiency of its asylum system together with deficiency of the living and detention conditions of asylum seekers. The UN Special Rapporteur on the human rights of immigrants also expressed its concern regarding the living conditions within some of the detention centres during his visit in 212. Also in 212, the Joint Ministerial Decision 71/2/1454-kd/212 implemented the provisions of Law 397/211 Art.9, regarding the identification of appropriate quality and safety standards to operators of civil society to be able to carry out their respective responsibilities in a Centre or a Unit of First Reception. Greece continues its work on the establishment and operation of the First Reception Service. For example, the Presidential Decrees 12/212 and 14/212 providing the Organisation and Operation of: First Reception Services and of an Asylum Service at the Ministry of Public Order and Citizen Protection were enacted. Until the First Reception Service becomes fully operational, the Greece Police act as the main responsible authority for the asylum procedure. Throughout the European Refugee Fund, Greece has continued to support programmes aiming at implementing the Common European Asylum Policy (CEAS). The programmes mainly supported actions aimed at improving the asylum seekers accommodation facilities as well as on the infrastructure for reception and asylum claims; and at the integration of asylum seekers or beneficiaries of international protection. Regarding cooperation with the European Asylum Support Office (EASO), since 211 and under Greece s emergency support request, EASO has developed more than 4 support groups to assist Greece to build a new asylum system in accordance with the National Action Plan for Asylum System Reform and Migration Management. EASO, in cooperation with the Greek government, Frontex, UNHCR and other interested parties, has particularly provided support for the establishment of: the First Reception Service; the Asylum Service; the Appeals Authority and; the improvement of reception conditions. However, until the new Asylum Services becomes fully operational, the number of applications continues to rise. On EU legislation, the Greek government also announced the transposition of Directive 211/51/EU on the status of long-term residents, expanding its scope to beneficiaries of international protection during 212. While on August the Ministry of Interior clarified the cases where applicants for a residence permit on humanitarian grounds are allowed to work. Greece did not participate in any relocation or resettlement programmes. 2

3 4. Unaccompanied Minors and other Vulnerable Groups In 212, Law 452/212 introduced provisions regarding criminal penalties for employers of foreign minors. Upon request, the Law also entitles an illegal unaccompanied minor to a resident permit on humanitarian grounds. During 212, the main issue regarding unaccompanied minors and other vulnerable groups has been the absence of First Reception Centres following the introduction of Law 397/211. Greece also participated in six EASO expert meetings aimed at implementing the Action Plan on increased protection of unaccompanied minors entering the EU. The meetings discussed issues on the age assessment and other asylum procedures, as well as the possibility for guidelines on unaccompanied minors, amongst others. 5. Actions against Trafficking in Human Beings There were no major policy developments in 212 within this area. The transposition of Directive 211/36/ΕU on preventing and combating trafficking in human beings is on-going. However, the Anticrime Policy Programme of the Ministry of Public Order and Citizen's Protection and the Hellenic Police Force sets the prevention and the fight against human trafficking as a priority. Also, the transposition of the Employers Sanctions Directive (29/52/ΕC) is expected to have an impact on the fight against trafficking of human beings for the purpose of labour exploitation. Furthermore, in 212 the 119-Human trafficking resource Line was established External Dimension of EU Migration Policy No major policy developments took place during 212. Migration remittances showed around a 4 decrease in 212 when compared with previous years. Greece also participated in the annual meeting of the Global Forum for Migration and Development in Mauritius (November 212). 7. Irregular Migration The Xenious Zeus operations were established as permanent measures in 212. The so called operations aim to arrest irregular immigrants within Athens and the Evros region and to prevent the irregular entry of aliens at the Greek-Turkish borders. Xenious Zeus operations have been strongly criticised and subject of political debates. However, the Hellenic Police Force attributes the decrease on the number of irregular aliens crossing the border to such operations. In 212, such operations resulted in the arrest of 76,878 aliens for irregular entry and residence conditions. The control of detained aliens is conducted within detention centres and not 'in the street', so by the end of 212, Detention Centres 4 were operational in Amygdaleza, Korinthos, Xanthi, Komotini and Paranesti Dramas, whereas Special Aliens' Residence Centres operated in Samos and Chios. During 212, the EU Home Affairs Commissioner Cecilia Malmström, the UN Special Rapporteur on the human rights of immigrants and representatives of Amnesty International visited the Detention Centres and the Special Aliens' Residence Centres in Rodope and in the Evros region. Overall, it was concluded that the situation and the humanitarian conditions of some of the centres were dreadful and there were insufficient procedural safeguards; thus such centres should be closed; while the situation of the new opened centres was considered acceptable. On policy developments, in May 212, the Minister of Health issued a circular clarifying that healthcare and nursing system access shouldn t be available for non-legally residing third country nationals. The circular included clear exceptions for specific categories. The Employers Sanctions Directive was transposed by Law 452/212. In December 212 the Minister of Public Order and Citizen Protection signed the Protocol of Implementation of the Readmission Agreement between EU and Russia. A draft text of the Implementing Protocol has also been agreed with Serbia while drafts of with Bosnia- Herzegovina and Moldova have been submitted to the Ministry of Foreign Affairs / Special Legal Service for further process. Efforts continued during 212 to implement the Return Directive. Emphasis was given to inform migrants about voluntary returned programmes. 8. Provision and Exchange of Information to support Policy Development Greece continues to exchange information through the EMN and EASO activities. In December 212 the first National Conference of the Greek National Contact Point of the EMN was organised to strengthen the national information network. STATISTICAL ANNEX The Statistical Annex provides an overview of the latest available statistics for Greece on aspects of migration and asylum (21-212), including residence, asylum, unaccompanied minors, irregular migration, return and visas. Where statistics are not yet available, this is indicated in the Annex as N/A. 3 Established by A21, an NGO active in many countries in the field of awareness-raising campaigns and prevention. 4 Also called Closed Reception Centres; Pre-Departure Centres and Centres of First Reception (KEPY) 3

4 Statistical Annex: Immigration and Asylum in Greece (21-212) Figure 1: First residence permits, by reason (21-212) 4, 35, 3, 25, 2, 15, 1, 5, Total Family reasons Education reasons Remunerated activities reasons Other reasons Source: Eurostat migration statistics (migr_resfirst) for 21 and 211; Data for 212 from National contribution to APR212 Table 1: First residence permits: Top 5 nationalities (21-212) 1. Albania 23, Albania 12, Albania 9, Russia 1, Russia 1, Russia 1,95 3. Egypt 1, Egypt Ukraine Ukraine Ukraine Georgia Georgia India Timor-Leste 59 Source: Eurostat migration statistics (migr_resfirst) Figure 2: Resident population of third-country nationals (21-212) 9, 8, 7, 6, 5, 4, 3, 2, 1, 791,724 82, ,22 Source: Eurostat migration statistics (migr_pop1ctz) Figure 3: Asylum applications (21-212) 12, 9, 6, 3, 1,275 9,31 9,575 Source: Eurostat migration statistics (migr_asyappctza) 4

5 Table 2: Asylum applications: Top 5 nationalities (21-212) 1.Pakistan 2,75 1.Pakistan 2,31 1.Pakistan 2,34 2. Georgia 1,16 2. Georgia 1,12 2. Bangladesh 1,5 3. Bangladesh Afghanistan Georgia Albania Bangladesh Afghanistan China China Albania 385 Source: Eurostat migration statistics (migr_asyappctza) Table 3: Asylum applications - First instance decisions by outcome (21-212) Total decisions Positive decisions Refugee status Of which: Subsidiary protection Humanitarian reasons Negative decisions 21 3, , , , , ,95 Source: Eurostat migration statistics (migr_asydcfsta) Figures 4-6: Asylum applications - First instance decisions by outcome (21-212) Granted refugee status Granted subsidiary status Granted humanitarian protection Negative decisions Source: Eurostat migration statistics (migr_asydcfsta) Table 4: Third-country nationals relocated and resettled ( ) Third-country nationals relocated N/A Third-country nationals resettled N/A Source: Eurostat migration statistics (migr_asyresa) and National contributions to EMN Annual Policy Report Table 5: Unaccompanied minors (21-212) Unaccompanied minors (total) N/A N/A 1,953 Unaccompanied minors not applying for asylum N/A N/A N/A Unaccompanied minor asylum applicants Source: National contributions to EMN Annual Policy Report 5

6 Table 6: Number of third-country nationals refused entry at external borders (21-212) Third-country nationals refused entry at external borders 3,85 11,16 9,415 Source: Eurostat migration statistics (migr_eirfs) Figure 7: Number of third-country nationals found to be illegally present (21-212) 15, 1, 115,63 88,84 72,42 5, Source: Eurostat migration statistics (migr_eipre) Table 7: Third-country nationals returned (21-212) Third-country Returned as part of Returned Returned through an Assisted nationals ordered to forced return measures voluntarily Voluntary Return Programme leave ,525 52, N/A ,82 11,535 3,29 1, ,75 11,586 1,531 6,324 Source: Eurostat migration statistics (migr_eiord) and National contributions to EMN Annual Policy Report Table 8: Number of visas issued by type (21-212) Total visas N/A N/A 1,2,895 5 Schengen visa (short-stay visas)* 61, , ,898 National visa N/A 24,87 1,934 6 Source: Commission Staff Working Documents on the Annual Report on Immigration and Asylum; * DG HOME website 5 Data until 18 December Data until 18 December 212 6