18.08.2013 Views

Return - IOM Publications - International Organization for Migration

Return - IOM Publications - International Organization for Migration

Return - IOM Publications - International Organization for Migration

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

167<br />

GREECE<br />

Rejected asylum seekers who are allowed to stay temporarily <strong>for</strong> humanitarian reasons are granted<br />

medical-pharmaceutical and hospital care, or other socio-economic assistance to cover their<br />

immediate living needs (Presidential Decree 61/1999, Article 25).<br />

Law No. 2910/2001 amended by Laws No. 3013/2002 and 3202/2003 regulates these issues as<br />

well. Residence permits may be revoked, leading to the expulsion of those affected within<br />

30 days, as decided by the Secretary General of the Region on recommendation of the Ministry<br />

of Public Order or the Ministry of Health and Welfare. Following are the grounds <strong>for</strong> expulsion:<br />

National security and public order;<br />

Protection of public health;<br />

Violations of obligations under the immigration act;<br />

Presentation of <strong>for</strong>ged documents to the authorities;<br />

Revocation of work permit or of the permit to undertake an independent economic activity.<br />

Irregular <strong>for</strong>eigners are also subject to expulsion when apprehended, with no timeframe specified.<br />

Deportation can be administrative or judicial, reflecting the nature of the decision notified to<br />

the concerned <strong>for</strong>eigner. Administrative Deportation is ordered by the police authorities and can<br />

be temporarily suspended on humanitarian or health grounds by the Secretary General of the<br />

Region. Judicial Deportation, on the other hand, cannot be revoked under any circumstances.<br />

The Head of the local police can order an Administrative Deportation in the following circumstances:<br />

The concerned third-country national has been convicted <strong>for</strong> at least one year <strong>for</strong> crimes against<br />

the Constitution, treason against the country, crimes related to trade of drugs, money laundering,<br />

exploitation of prostitution, trafficking of migrants, etc;<br />

He/she has violated the provisions of the Immigration Act;<br />

His/her presence is deemed dangerous to the public order and health.<br />

Where the <strong>for</strong>eigner refuses to return to the country of origin, he/she may be removed by the<br />

police on the decision of the Secretary General of the Region.<br />

Judicial Deportation is ordered by the judicial authorities, i.e. courts and judges, and en<strong>for</strong>ced<br />

by the police.<br />

Those regular <strong>for</strong>eigners whose residence permit has expired, or irregular ones who seek to<br />

benefit from the regularization programme cannot be expelled <strong>for</strong> not having a residence permit,<br />

until a final decision about the granting or not of such permit is reached (Article 68).<br />

Detention<br />

There are no clauses regarding detention in the relevant Immigration Acts, with the exception of<br />

a provision under Article 44, paragraph 3 regarding <strong>for</strong>eigners who, if subject to deportation, are<br />

detained if considered dangerous to the public order, or likely to escape.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!