Country briefing: Statelessness and refugees in Greece
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Concerning the Appeals Committees, in recent years the second instance recognition rate has
decreased significantly raising concerns about the operation of an efficient and fair asylum
procedure in Greece.8
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Delays in the procedure have been reported when statelessness is disclosed to allow for
gathering of information due to decision-makers lacking relevant knowledge/expertise.
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There is a lack of access to legal advisors specialised in statelessness generally in some areas (e.g.
Lesvos), and a lack of information available to applicants on nationality rights and statelessness
specifically.
Interpreters and ‘cultural mediators’ are reportedly influencing official decisions on nationality
status in some cases inappropriately or without the necessary training or expertise.
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Immigration detention
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If statelessness is not adequately addressed in the procedure it can lead to prolonged - and risk
of arbitrary or unlawful - detention.
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There is still no dedicated Statelessness Determination Procedure in Greece so it’s not clear what
the legal routes to protection are under the 1954 Convention if a stateless person is refused
refugee protection.
Due to the lack of an individual assessment procedure prior to the imposition of a detention
order and lack of effective, periodic detention reviews, individuals can be subject to return
procedures and prolonged detention even if their nationality is unknown and without proper
determination of nationality status.
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Child’s right to a nationality
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The lack of awareness of the implications of statelessness and gender discrimination in
nationality laws leads to inconsistent implementation of the safeguard in Greek law to grant
nationality to otherwise stateless children born in the country.
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Children’s nationality is routinely registered as the same as their parents on their asylum ID
without examining whether a parent can confer a nationality to the child.
Naturalisation
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Since there is no dedicated Statelessness Determination Procedure in Greece the identification of
statelessness is at the full discretion of the Ministry of Interior.
•
The naturalisation procedure for stateless people in Greece cannot be adequately implemented,
as stateless people face many obstacles to regularising their residence status in Greece, which is
a necessary condition for access to naturalisation.
8
Asylum Information Database, Country Report: Greece (2018), pp. 16
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