Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
The 2001 population Census indicates some 800,000 foreigners out of a total of 10,946,080
inhabitants. This figure includes regularized immigrants and refugees. The number of asylum
seekers is rather small if compared with asylum applications in other European Union Member
States.
1.2 LEGISLATIVE INSTRUMENTS AND PROVISIONS
There are three main instruments establishing and regulating Greek immigration policy. The
first is Law No. 1975/1991 of 4 December 1991 Entry- Exit, Stay, Work, Deportation of Aliens,
Procedures of Recognition of Aliens – Refugees and Other Provisions that makes special provisions
on refugee protection and granting of refugee status to asylum seekers. This law was amended
by Law No. 2452/1996 of 31 December 1996, particularly regarding the “recognition and care of
refugees” and “procedure of recognition of refugees” (Articles 24 and 25).
Presidential Decree 61/1999 further regulates significant details and procedures related to “the
refugee status recognition procedure, the revocation of the recognition and deportation of the
foreigner, entry permission for members of the refugee family and mode of cooperation with the
UNHCR representative in Greece”.
The second, Law No. 2910/2001 Entry and Residence of Aliens in Greece, Acquisition of
Nationality through Naturalization and Other Provisions, relates to immigration and citizenship
issues. Laws No. 3013/2002 and 3202/2003 amended Law No. 2910/2001. This Law and its
amendments are not applicable to the citizens of the European Union, asylum seekers and refugees
(Article 2).
Removals
With respect to asylum seekers, removals are regulated by Law No. 1975/1991 as amended by
Law No. 2452/1996. Presidential Decree 61/1999 also establishes more detailed procedures to
this effect in accordance with the 1951 Geneva Convention. According to Article 6 of Presidential
Decree 61/1999, recognized refugees who have withdrawn their refugee status under the
provisions of Article 1c of the Geneva Convention may be deported, if the provisions of Articles
32 and 33 of the Geneva Convention are satisfied.
According to Article 2 of Presidential Decree 61/1999, asylum applications are considered within
three months of the date of their submission. If asylum is denied, the asylum seekers may appeal
within 30 days from notification of the rejection decision, to the Minister of Public Order for
reconsideration who, within 90 days, issues, on recommendation by a six member committee,
the final decision.
Any final rejection is notified to the asylum seeker with the order to leave the country at the
earliest possible time on his/her own volition (Article 3). In exceptional cases, the Minister of
Public Order may, particularly for humanitarian reasons, approve the temporary stay of rejected
asylum seekers, until their departure from the country becomes possible (Article 8). If the foreigner
violates laws related to residence in Greece, it is possible, instead of being deported, to be
given a time limit of 15 days to depart from the country.
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