Refugees and asylum-seekers
Two presidential decrees were announced in July relating to the procedures for determining refugee status and the criteria for refugee qualification. Both failed to address fully the concerns raised by human rights and other organizations. Presidential Decree 90/2008 makes legal aid available only at the appeal stage after the asylum application has been rejected. The review process for rejected applications lacks independence as the Appeals Committee retains the status of an advisory body to the Interior Minister. Lawyers’ access to case files and clients in detention is limited. Asylum applications must be filed in person, putting some asylum-seekers at risk of arrest. Applications must be filed immediately on entry into the country, without specific provisions ensuring access to the procedure for people detained on arrival. Detention of asylum applicants is allowed for up to 60 days. Presidential Decree 96/2008 sets out the criteria for qualification for refugee protection and protection on humanitarian grounds. Grounds of exclusion from subsidiary humanitarian protection include misdemeanours punishable by three months’ imprisonment.
In April the local office of UNHCR, the UN refugee agency, reported that minors’ access to refugee protection was arbitrary and that information provided about the asylum process was inadequate. It also found that age rarely played a role in the prioritization of applications. The UNHCR’s report called for an end to the administrative detention of minors.
In October, 160 unaccompanied migrant children, some of whom were probably asylum-seekers, were reported to be in Pagani detention centre on Lesvos island, in degrading, inhumane and unsanitary conditions. Detainees slept on floors, which were permanently flooded due to faulty plumbing, and were rarely allowed outside for exercise. The centre, built to hold 300, accommodated 830 detainees, including mothers with babies and at least one pregnant woman. Access to lawyers and NGOs was limited.
Two presidential decrees were announced in July relating to the procedures for determining refugee status and the criteria for refugee qualification. Both failed to address fully the concerns raised by human rights and other organizations. Presidential Decree 90/2008 makes legal aid available only at the appeal stage after the asylum application has been rejected. The review process for rejected applications lacks independence as the Appeals Committee retains the status of an advisory body to the Interior Minister. Lawyers’ access to case files and clients in detention is limited. Asylum applications must be filed in person, putting some asylum-seekers at risk of arrest. Applications must be filed immediately on entry into the country, without specific provisions ensuring access to the procedure for people detained on arrival. Detention of asylum applicants is allowed for up to 60 days. Presidential Decree 96/2008 sets out the criteria for qualification for refugee protection and protection on humanitarian grounds. Grounds of exclusion from subsidiary humanitarian protection include misdemeanours punishable by three months’ imprisonment.
In April the local office of UNHCR, the UN refugee agency, reported that minors’ access to refugee protection was arbitrary and that information provided about the asylum process was inadequate. It also found that age rarely played a role in the prioritization of applications. The UNHCR’s report called for an end to the administrative detention of minors.
In October, 160 unaccompanied migrant children, some of whom were probably asylum-seekers, were reported to be in Pagani detention centre on Lesvos island, in degrading, inhumane and unsanitary conditions. Detainees slept on floors, which were permanently flooded due to faulty plumbing, and were rarely allowed outside for exercise. The centre, built to hold 300, accommodated 830 detainees, including mothers with babies and at least one pregnant woman. Access to lawyers and NGOs was limited.
