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INTERNATIONAL CONVENTIONS EUROPEAN LEGISLATION GREEK LEGISLATION ISAR - 3 rd GEL CORFU, GREECE
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Key concepts A refugee is a person who is outside his country of citizenship, who has been “forced” to leave, for a well grounded fear of persecution because of his race, religion, nationality, membership of a particular social group or political opinion Or has left and has fled war or other violence in his country ISAR - 3rd GEL, CORFU, GREECE
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key concepts Such people who feel such a fear and are unable to return to their country, may be called “ asylum seekers ” and they have the right of claiming asylum and international protection of human rights in the country they resort. ISAR - 3rd GEL, CORFU, GREECE
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Key concepts Immigrants are people who leave their country of citizenship, for reasons of personal convenience and well being seeking for job and better living conditions. It is common that people leave their countries because of absolute poverty and environmental degradation in their countries. ISAR - 3rd GEL, CORFU, GREECE
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Difference between a refugee and immigrant A key difference between a refugee and an immigrant is that the second ones are able to return to their country of origin, without being threatened or fearing for their lives. ISAR - 3rd GEL, CORFU, GREECE
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SIMILARITIES BETWEEN REFUGEES AND IMMIGRANTS Usually both immigrants and refugees when they come to Greece don’t have legal permit and documentation. It is common that these people lack identification papers and it is not easy for the authorities to identify them. Last but not least both asylum seekers and immigrants often enter the country via “dangerous paths” ISAR - 3rd GEL, CORFU, GREECE
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ASYLUM It is necessary that a fair and quick procedure exists for reception and request of asylum. Conditions should be checked and confirmed concerning if somebody is a refugee or a migrant worker. ISAR - 3rd GEL, CORFU, GREECE
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TREATIES AND LEGISLATION Refugees are protected by: the General Convention on Refugees Geneva 1951 International and European agreements and national laws ISAR - 3rd GEL, CORFU, GREECE
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INTERNATIONAL CONVENTIONS The Convention relating to the Status of Refugees also known as the 1951 Geneva Refugee convention sets out the rights of people who are granted asylum and the responsibilities of nations that grant asylum. The Protocol relating to the Status of Refugees known as the New York Protocol 1967 is a key treaty in international refugee law. ISAR - 3rd GEL, CORFU, GREECE
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NON-CITIZENS Convention 1954 Ν.Υ. definition of «Non-citizen» A person who is not a member of a state nor owes allegiance to the state he or she currently resides. ISAR - 3rd GEL, CORFU, GREECE
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GREEK LEGISLATION Related Legislation for foreigners -Ν.3386/2005, and amendments : -Ν.3907/2011 Establishment of an Asylum Service & First Reception Service -Ν.4251/2014, -Ν.4332/2015. ISAR - 3rd GEL, CORFU, GREECE
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GREEK LEGISLATION The legislation determines the immigration policy of the country and describes processes regarding: the issue of residence permits The entrance and exit from the country The penalties for the violations of these Laws & legislation ISAR - 3rd GEL, CORFU, GREECE
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A third country citizen or a non-citizen can not be qualified as a refugee, but can be protected as a ‘’person eligible for subsidiary protection" or can obtain a residence permit for humanitarian reasons. ISAR - 3rd GEL, CORFU, GREECE
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Unaccompanied minor Unaccompanied minor is a child (0-18 years old) who arrives in Greece without the presence of an adult responsible for him. ISAR - 3rd GEL, CORFU, GREECE
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Relation between Greek Legislation and European Law The laws above transfer European legislation to Domestic Law. An important convention is Schengen convention 562/2006 last modified by the regulation 399/2016 since 09/03/2016. ISAR - 3rd GEL, CORFU, GREECE
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ASYLUM When someone enters a country illegally by non-statutory point, can apply for asylum. ISAR - 3rd GEL, CORFU, GREECE
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EURODAC Every asylum applicant gives fingerprints which are registered in a database called Eurodac (Eurodac Regulation) ISAR - 3rd GEL, CORFU, GREECE
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Asylum seekers have the right to material conditions, such as housing and food ISAR - 3rd GEL, CORFU, GREECE
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Regular Asylum Procedure Asylum seekers after their applications are examined and a personal interview is conducted by a specialized civil servant who knows the International Conventions, EU and National Legislation The personal interview is conducted with the assistance of an interpreter Based on this procedure the Committee decides whether the asylum seeker is a refugee or eligible for subsidiary protection. ISAR - 3rd GEL, CORFU, GREECE
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FIRST RECEPTION SERVICE GUIDELINE Asylum seekers should have access to housing food, healthcare and employment, as well as medical and psychological care. ISAR - 3rd GEL, CORFU, GREECE
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Conventions and Legislation Giving asylum to refugees is neither a charity nor an act of goodwill but an obligation that comes from international conventions and national legislation. The same applies to Greece too ISAR - 3rd GEL, CORFU, GREECE
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