Last Updated on April 25, 2019 by LawEuro
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
Content of the law – 1 2 3 4 5 6 7 8 9 10 11 12
CHAPTER Ε
FINAL PROVISIONS
Article 63
(Articles 44 and 45 of the Directive)
Withdrawal of the international protection status
1. When new elements arise which constitute a reason to reconsider the international protection status, the competent Receiving Authorities shall examine also whether there is a case for withdrawal of this status based on relevant provisions of P.D. 141/2013. A revocation decision shall be made by the Head of the territorially competent Receiving Authority, following a recommendation of the competent member of the personnel (case-handler) and shall be specifically reasoned.
2. In cases where paragraph 1 is applied, the person concerned:
a. shall be informed in writing by the competent Receiving Authority at least fifteen (15) working days before the reconsideration of the fulfilment in his/her person of necessary conditions for international protection, as well as of the reasons for such reconsideration.
b. be given the opportunity to submit, in a personal interview and in a written statement to the competent Receiving Authority, reasons as to why his or her international protection should not be withdrawn. The interview procedure shall be conducted according to Article 52 by the a member of the personnel (case-handler) of the Receiving Authority, specially appointed to this end.
3. In the framework of this procedure, the Determining Authority:
a. shall be informed in writing by the Division of Training, Quality Assessment and Documentation of the Asylum Service with regard to the overall political, social and economic situation prevailing in countries of origin of the persons concerned and
b. may, if deemed necessary, collect further information on the specific case in order to reconsider the status. This information shall not be obtained from actors of persecution or serious harm in a manner that would result in directly informing them that the person concerned is a refugee or a beneficiary of subsidiary protection, or in endangering the physical integrity of the person concerned and his/her dependants and the liberty or security of his/her family members who might still reside in the country of origin.
4. The decision to withdraw the status shall be notified in accordance with the provisions of Article 40. The decision shall state the reasons in fact and in law for withdrawing the status and provide information on the possibilities to appeal before the Appeals Authority.
5. The provisions of Article 44 and Article 48 shall also apply to status withdrawal.
6. In derogation from the provisions of the previous paragraphs, the international protection status of a beneficiary shall automatically lapse if the beneficiary explicitly withdraws it, by a written statement, which is submitted in person to the competent Receiving Authorities under the procedure of Article 47 paragraph 1 or if the beneficiary receives Greek nationality.
Article 64
(Article 47 of the Directive)
Action for annulment
1.The applicants for international protection have the right to apply for the annulment of decisions taken in application of the provisions of this Part, before the competent court, in accordance with the provisions of Article 15 paragraph (3) of Law 3068/2002 (O.G. A’ 274), as amended by Article 49 of Law 3900/2010 (O.G. A’ 13) as in force. This possibility, the relevant time limit and the competent court shall be explicitly referred to in the decision.
2. The Minister of Interior and Administrative Reconstruction also has the right to lodge an application for annulment against the decisions of the Appeals Committees according to the above provisions.
Article 65
(Article 48 of the Directive)
Obligation of Confidentiality
The personnel of the competent Services which implement the provisions of this Part, as well as any other person involved in its implementation, must keep in confidence any information and personal data, which come to their knowledge when they are performing their duties or in connection with these.
Article 66
(Article 50 of the Directive)
Submission of Reports
The Central Asylum Service shall send to the European Commission all information that is necessary for drawing up the report, regarding the application of this Part.
Article 67
Right to remain on humanitarian grounds
In case the application for international protection of an alien or stateless person is rejected by a final decision and the competent Decision Authorities of this Part consider that he/she may fulfil the conditions for being granted a residence permit on humanitarian grounds, they shall refer his/her case to the competent authorities, pursuant to Article 19A(f) of Law 4251/2015 (O. G. A’ 80), as in force, which shall decide on the granting of this permit. In this case, the competent Decision Authorities shall administer a relevant certificate to the person concerned.
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