|
|
| (5 intermediate revisions by 2 users not shown) |
| Line 1: |
Line 1: |
| | {{process | | {{process |
| | |process_official_title=Decision on an application for international protection | | |process_official_title=Decision on an application for international protection |
| − | |process_description=The procedure concerns a decision on an application for international protection, following the procedure for full registration of an applicant for international protection and following an interview with the applicant, the competent authority (Regional Office of Asylum or Independent Asylum Climbing) shall decide on applications for international protection. The decisions, as individual administrative acts, should contain a statement of reasons indicating the assistance of the statutory conditions for their adoption. | + | |process_description=The procedure concerns the decision on the application for international protection. Following the procedure of full registration of an applicant for international protection and after conducting the interview with the applicant, the competent authority (Regional Asylum Office or the Asylum Autonomous Unit) decides on the applications for international protection status or not. |
| | + | Decisions, as individual administrative acts, should contain a statement of reasons, including a finding that the legal conditions for their issuance are met. The reasons must be clear, specific, adequate and sufficient and must be apparent from the information in the file (Article 17 of the Code of Administrative Procedure). In particular, for rejection decisions, Article 82 para. 8 of Law No. 4636/2019 provides that the decision should state the factual and legal reasons for the rejection. It is addressed to citizens. |
| | |process_org_owner_is_private=No | | |process_org_owner_is_private=No |
| | |process_org_owner=56992 | | |process_org_owner=56992 |
| Line 8: |
Line 9: |
| | |process_provision_org=56992 | | |process_provision_org=56992 |
| | |process_provision_org_directory=Asylum Service | | |process_provision_org_directory=Asylum Service |
| − | |process_remarks=The rejection of a decision shall refer to the time-limit for bringing an action, and the conditions under which it is automatically suspensive to the implementation of the decision , for the institution to which it is subject, for the purpose of dismissal of that time-limit, and for the possibility and conditions of granting free legal assistance in proceedings before the Appeals Authority in accordance with the arrangements of the Ministerial Decision referred to in Article 7(8) of Law 4375/2016. The applicant shall be entitled in more detail to bring an action before the Appeals Authority. a. J. Decision rejecting an application for international protection as unfounded in accordance with the normal procedure and against a decision granting an alternative protection status, in the part concerning the non-recognition of the applicant as a refugee. | + | |process_remarks=In the rejection decision, reference is made to the time limit for lodging an appeal, as well as to the automatic suspensive effect, under certain conditions, of this decision on the execution of the refund decision, to the body before which the appeal is lodged, to the consequences of the expiry of this time limit, as well as to the possibility and conditions for the provision of free legal assistance in proceedings before the Appeals Authority, in accordance with the provisions of the ministerial decision of paragraph 8 of article 7 of Law No. 4375/2016. |
| | + | More specifically, the applicant is entitled to bring the appeal before the Appeals Authority. |
| | + | a. j. Against a decision, which rejects an application for international protection as unfounded under the regular procedure; and |
| | + | j. against a decision granting subsidiary protection status, in so far as it concerns the non-recognition of the applicant as a refugee. |
| | + | Time limit: within thirty (30) days from the service of the decision or from the time when the applicant is deemed to have taken cognisance of it. |
| | + | β. Against a decision rejecting an application for international protection under the accelerated procedure, either as inadmissible, , and in cases where the appeal is lodged while the applicant is in detention. |
| | + | Time limit: within twenty (20) days from the date of service of the decision or from the date on which the applicant is deemed to have knowledge of it. |
| | + | Exception: appeal against a decision rejecting an application for international protection as inadmissible where another MS has assumed responsibility for examining the application within fifteen (15) days pursuant to Regulation (EU) 604/2013 of the European Parliament and of the Council, which is deemed to be an appeal against the relevant transfer act. |
| | + | Against a decision rejecting an application for international protection in cases of border procedures or in cases where the appeal is lodged while the applicant is in a Reception and Identification procedure, within seven (7) days from the service of the decision or from the time when the applicant is presumed to have taken cognizance of it. |
| | + | Against the decision rejecting a subsequent application as inadmissible, within five (5) days from the service of the decision. |
| | + | During the time limit for lodging an appeal and until service of the decision on the appeal, any measure of expulsion, readmission or return of the applicant shall be suspended. |
| | |process_provided_language=English | | |process_provided_language=English |
| | |process_evidence_identification_type=Identification document | | |process_evidence_identification_type=Identification document |
| Line 19: |
Line 30: |
| | |process_provided_to=Immigrants/Refugees | | |process_provided_to=Immigrants/Refugees |
| | |process_tax_type=Decisions | | |process_tax_type=Decisions |
| − | |process_life_events=Asylum Services, Asylum Services | + | |process_life_events=Asylum Services,Asylum Services |
| | |process_sdg_resource=Hierarchical appeal/recourse | | |process_sdg_resource=Hierarchical appeal/recourse |
| | |process_total_duration_steps_min=240 | | |process_total_duration_steps_min=240 |
| | |process_total_duration_steps_max=240 | | |process_total_duration_steps_max=240 |
| | + | |process_cost_min=0.00 |
| | + | |process_cost_max=0.00 |
| | + | |process_evidence_cost_guarantee=0 |
| | + | |process_evidence_cost_total_number=0 |
| | + | |process_evidence_ex_officio_total_number=0 |
| | |process_evidence_alternative_total_number=0 | | |process_evidence_alternative_total_number=0 |
| | + | |process_evidence_prerequisite_total_number=0 |
| | + | |process_evidence_total_number=0 |
| | + | |process_evidence_step_total_number=0 |
| | + | |process_evidence_step_digital_total_number=0 |
| | |process_sdg_codes=D4 | | |process_sdg_codes=D4 |
| | |process_application_type=Application | | |process_application_type=Application |
| | |process_application_submission_type=Ex officio (manual) | | |process_application_submission_type=Ex officio (manual) |
| | |process_application_description=Folder with identity data and other information collected during the full registration process of an applicant for international protection. | | |process_application_description=Folder with identity data and other information collected during the full registration process of an applicant for international protection. |
| − | |process_application_note=A number of data shall be collected for the applicant during the full recording process. | + | |process_application_note=A lot of information about the applicant is collected during the full registration process. |
| | |process_estimated_implementation_duration=15552000 | | |process_estimated_implementation_duration=15552000 |
| | + | |process_estimated_implementation_duration_max=P6M |
| | }} | | }} |
| | {{process conditions | | {{process conditions |
| Line 70: |
Line 91: |
| | |process_step_official=Competent Employee | | |process_step_official=Competent Employee |
| | |process_step_implementation=Manual Action | | |process_step_implementation=Manual Action |
| − | |process_step_duration_min=60 | + | |process_step_duration_min=PT1M |
| − | |process_step_duration_max=60 | + | |process_step_duration_max=PT1M |
| − | |process_step_description=Operators, on the basis of their training, shall decide on the application for international protection and shall draft the decision on whether or not to be subject to international protection. | + | |process_step_description=The operators, based on their training, decide on the application for international protection and draft the decision on whether or not to grant international protection status. |
| | |process_step_note=Operator: Officer of the Asylum Service with primary responsibility for examining an application for international protection. | | |process_step_note=Operator: Officer of the Asylum Service with primary responsibility for examining an application for international protection. |
| | }} | | }} |
| Line 82: |
Line 103: |
| | |process_step_official=Competent Employee | | |process_step_official=Competent Employee |
| | |process_step_implementation=Manual Action | | |process_step_implementation=Manual Action |
| − | |process_step_duration_min=60 | + | |process_step_duration_min=PT1M |
| − | |process_step_duration_max=60 | + | |process_step_duration_max=PT1M |
| | |process_step_description=The operator should attach at the end of the decision (whether positive or rejected) the accompanying decision to the Greek and the language that the applicant has declared to the Office to understand. | | |process_step_description=The operator should attach at the end of the decision (whether positive or rejected) the accompanying decision to the Greek and the language that the applicant has declared to the Office to understand. |
| | }} | | }} |
| Line 93: |
Line 114: |
| | |process_step_official=Competent Employee | | |process_step_official=Competent Employee |
| | |process_step_implementation=Manual Action | | |process_step_implementation=Manual Action |
| − | |process_step_duration_min=60 | + | |process_step_duration_min=PT1M |
| − | |process_step_duration_max=60 | + | |process_step_duration_max=PT1M |
| − | |process_step_description=The operator must, after drafting the decision, post it to Alkyone. | + | |process_step_description=The operator should post the decision on "Alcyone" after it has been made. If a decision has been issued for all members of a family then it should be posted for each member separately. |
| | |process_step_note=Alkyone: Information system | | |process_step_note=Alkyone: Information system |
| | }} | | }} |
| Line 105: |
Line 126: |
| | |process_step_official=Competent Employee | | |process_step_official=Competent Employee |
| | |process_step_implementation=Manual Action | | |process_step_implementation=Manual Action |
| − | |process_step_duration_min=60 | + | |process_step_duration_min=PT1M |
| − | |process_step_duration_max=60 | + | |process_step_duration_max=PT1M |
| − | |process_step_description=Following the suspension of the decisions, a relevant note must be made in the book of performance; the asylum number, the operator's code, and whether it is a decision or an interruption act, whether it is a prisoner or not, and the applicant's language. | + | |process_step_description=After the decisions are posted, a note must be made in the performance book. The asylum case number, the code of the operator, as well as whether it is a decision or a stopping act, whether the applicant is a detainee or not and the language of the applicant shall be noted. |
| − | |process_step_note=The decision-making process for an application for international protection is finalised here; the performance of the decision is described in another procedure to the applicant. | + | |process_step_note=This completes the process of deciding on an application for international protection. |
| | + | The service of the decision on the applicant is described in another procedure. |
| | }} | | }} |
| | {{process useful links | | {{process useful links |
