PROCEDURES FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION STATUS AND TRANSPOSITION INTO GREEK LEGISLATION OF THE DIRECTIVE 2013/32/EU OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON” common procedures for granting and withdrawing international protection (recast)” (L 180/29.6.2013) (Law 4375 / PART C / CHAPTER A)

Law 4375 (Country: Greece)

On the organization and operation of the Asylum Service, the Appeals Authority, the Reception and Identification Service, the establishment of the General Secretariat for Reception, the transposition into Greek legislation of the provisions of Directive 2013/32/EC “on common procedures for granting and withdrawing the status of international protection (recast(” (L 180/29.6.2013), provisions on the employment of beneficiaries of international protection and other provisions

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PART C

PROCEDURES FOR GRANTING AND WITHDRAWING INTERNATIONAL PROTECTION STATUS AND TRANSPOSITION INTO GREEK LEGISLATION OF THE DIRECTIVE 2013/32/EU OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON” common procedures for granting and withdrawing international protection (recast)” (L 180/29.6.2013)

CHAPTER A

GENERAL PROVISIONS

Article 33

(Article 1 of the Directive)

Purpose

The purpose of this part is to transpose into Greek legislation Council Directive 2013/32/EU of the European Parliament and the Council (recast) “on common procedures for granting and withdrawing international protection status” (L 180/29.6.2013).

 

Article 34

(Articles 2 and 4 of the Directive)

Definitions

a. “Geneva Convention” is the Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951 and ratified by the Legislative Decree 3989/1959 (O.G. A 201), as amended by the relating New York Protocol of 31 January 1967, which was ratified by the Obligatory Law 389/1968 (O.G. A’ 125).

b. “Application for international protection” or “asylum application” or “application” is the application for protection by the Greek state submitted by an alien or a stateless person whereby he/she requests to be recognized as a refugee or as a beneficiary of subsidiary protection under the Geneva Convention and Article 2 point (b) and point (c) of presidential decree 141/2013 (O.G. Α’226). The application for international protection may also be submitted by family members of the applicant, who are in the territory of Greece.

c. “Family members” of the applicant for international protection, provided that the family already existed before the entry in the country, are considered:

i. the spouse or unmarried partner in a long-term stable relationship, duly proven,

ii. the minor, unmarried and dependent children, regardless of whether they were born in or out of wedlock or they are adopted,

iii. the adult children of the applicant who suffer from a mental or physical disability and are unable to submit an application separately.

d. “Applicant for international protection” or “applicant for asylum” or “applicant” is the alien or stateless person, who declares orally or in writing before any Greek authority, at entry points of the Greek State or inland, that s/he is asking for asylum or subsidiary protection, or asks, in any form, not to be expelled to a country for fear of prosecution due to race, religion, nationality, political opinion or membership to a particular social group, in accordance with the Geneva Convention, or because he is at risk of suffering serious harm in accordance with Article 15 of Presidential Decree 141/2013 (A’ 226) and on whose application no final decision has yet been reached. Additionally, “applicant for international protection” is also the alien who applied for international protection in another EU Member State, pursuant to Council Regulation (EU) 604/2013 of the European Parliament and the Council from 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast), or to another state which is bound by and applies the above Regulation and who is transferred to Greece in accordance with its provisions.

e. “Final decision” is the decision, which determines whether an alien or a stateless person is recognized or not as a refugee or beneficiary of subsidiary protection, which is no longer subject to the legal remedy stipulated in Article 64.

f. “Refugee” is an alien or a stateless person, who fulfils the requirements of Article 1A of the Geneva Convention and of article 2 point (e) of P.D. 141/2013.

g. “Refugee status” is the status granted following the recognition by the competent Greek authority of an alien or stateless person as a refugee according to the provisions of P.D. 141/2013.

h. “Beneficiary of subsidiary protection” is the alien or stateless person who fulfils the conditions of article 2 point (f) of P.D. 141/2013

i. “Subsidiary protection status” is the status granted following the recognition by the competent Greek authority of an alien or a stateless person as a beneficiary of subsidiary protection according to the provisions of P.D. 141/2013.

j. «International protection» is the status of refugee and of subsidiary protection as defined in points  (g) and (i) above.

k. “Unaccompanied minor” is a person below the age of 18, who arrives in Greece unaccompanied by an adult who exercises parental care on him/her according to Greek Legislation and for as long as such parental care has not been assigned by law and exercised in practice, or a minor who is left unaccompanied after he/she has entered Greece.

l. “Representative of an unaccompanied minor” is the temporary or permanent guardian of the minor or the person appointed by the competent Public Prosecutor for Minors or, in the absence of the latter, by the First Instance Public Prosecutor to ensure the minor’s best interests. The task of the representative, as defined in the previous sentence, can be assigned to the legal representation of a non-profit making legal entity. In the latter case, the representative of that legal entity may authorize another person to represent the minor, in accordance with the provisions of the present law.

m. “Detention” is the confinement of a person within a particular place, resulting in depriving the person’s freedom.

n. “Competent receiving authorities”, “competent examination authorities” or «Competent receiving and examination authorities» are the Regional Asylum Offices, the autonomous units of the Asylum Service, as well as the Mobile Asylum Units.

o. “Central Authority” is the Central Asylum Service of the Ministry of Interior and Administrative Restructuring.

p. “Country of origin” is the country of nationality or, for stateless persons, the country of former habitual residence.

q. “Residence permit” is any permit issued by the Greek Authorities, in the form provided for under the Greek legislation, allowing an alien or a stateless person to reside on Greek territory.

r. “Determining Authority” is the member of the staff of the competent Receiving Authority appointed as a case-handler to examine the application for international protection, unless otherwise specified in specific provisions of this law. In the case of Article 63, the Determining Authority is the head of the Regional Asylum Office or the autonomous unit of the Asylum Service. In the case of Article 54 (b), the Determining Authority issues also the relevant act of transfer in application of Regulation 604/2013.

s. “Competent Decision Authorities” are the Determining Authority and the Appeals’ Committees under the Appeals’ Authority.

t. “Subsequent application” is the application for international
protection submitted after a final negative decision or a decision to interrupt the examination of the application pursuant to article 47 paragraph 2. Any new application for international protection submitted after the withdrawal of an application under the provisions of Article 47 shall also be considered as a subsequent application.

u. “Withdrawal of the international protection status” is the decision of the Determining Authority to withdraw the refugee or subsidiary protection status in accordance with the provisions of P.D. 141/2013. In case of rejection of renewal of the resident permit of a refugee or beneficiary of international protection, the provisions and safeguards regarding withdrawal shall apply.

v. “Remain in the country” means to remain in the territory of Greece, including borders and transit zones.

w. “Counsellor of the applicant” is the jurist, medical doctor, psychologist or social worker who assists the applicant during the examination of his/her application.

x. “International Protection Applicant’s Card” or “Card” is the special personal card, which is issued for the applicant during the administrative procedure of the examination of his/her application by the competent authorities and allows the applicant to remain in the Greek territory until such examination is concluded.

y. “Applicants in need of special procedural guarantees” are applicants whose ability to benefit from the rights and comply with the obligations provided for in this Part is limited due to individual circumstances related to their personal situation, such as their health condition.

 

Article 35

(Article 3 of the Directive)

Scope

1. The provisions of this part shall apply to all applications for international protection submitted on the Greek territory, including the borders, or in transit zones of the country, as well as to the procedures withdrawing international protection status.

2. The provisions of this part shall not apply in cases of applications for diplomatic or territorial asylum submitted to Greek diplomatic authorities and permanent delegations abroad.

3. The interpretation and application of this part shall always be performed in accordance with the Geneva Convention and the international law for the protection of human rights as well as the relevant international, European and domestic legislation and jurisprudence.

Content of the law

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