Difference between revisions of "ΔΔ:Decision on the application for international protection"

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{{process conditions

Latest revision as of 16:16, 13 September 2023



52559628-40d9-47ed-969d-e718db510c28 597750 Λήψη απόφασης επί της αίτησης διεθνούς προστασίας

At a glance

Points of service

Digital provision points

  • The service is not provided digitally

Number of required documents

Not required

Fees

Provided without cost

Estimated Time

6 months

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.

Basic information

Competent body

MINISTRY OF IMMIGRATION AND ASYLUM

Authority/Public body’s Unit responsible for the institutional framework of the procedure

Authority responsible for the provision of the procedure

MINISTRY OF IMMIGRATION AND ASYLUM

Service / organizational unit of a authority entity

Asylum Service

Provided to

Related links

Notes

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.

Last update

13/09/2023

Application

Application Type

Application

Submission by:

Ex officio (manual)

Title

Folder with identity data and other information collected during the full registration process of an applicant for international protection.

Notes:

A lot of information about the applicant is collected during the full registration process.

What you will need

Means of authentication, identification and signature

Identification document

    Print

    Requirements

      Fees

        Related


        Means of redress or appeal:

        Hierarchical appeal/recourse


        Output & Results

        Output

        Decision

        Steps

          Digital steps

            Other information

            Official title

            Decision on an application for international protection

            Languages supported

            English

            Legislation

              Categories

              Τype of procedure

              Trigger

              Exit of another procedure

              Trigger (submission method)

              Application (handwritten)

              Type

              Ingoing/Outgoing
              D4

              ,


            • 1 Citizenship Applicants for international protection shall be nationals of third countries or stateless persons seeking not to be expelled because they fear persecution on grounds of race, religion, nationality, participation in a particular social group or political conviction, or because they are in danger of being seriously damaged in the country of origin or prior residence, in particular because they are at risk of death or execution, torture or inhumane or degrading treatment, or because their life or integrity is at risk of international or civil conflict.


              No No

            • Law 4686 2020 96 Α

              Description Improving migration legislation, amending the provisions of Laws 4636/2019 (A 169), 4375/2016 (A 51), 4251/2014 (A 80) and other provisions.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20200100096

            • Law 70 4636 2019 169 Α

              Description International protection and other provisions.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20190100169

            • European Regulation 604 2013

              Description REGULATION (EU) No 604/2013 of the EUROPEAN PARLIAMENT of 26 June 2013 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in a Member State by a third-country national or a stateless person (recast)

              Legal references https://eur-lex.europa.eu/legal-content/EL/TXT/PDF/?uri=CELEX:32013R0604&from=BG

            • 1 Drawing up a decision on an application for international protection

              Responsible for Implementation Competent Employee

              Μethod of Implementation Manual Action

              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.

              Notes Operator: Officer of the Asylum Service with primary responsibility for examining an application for international protection.

              No No


            • 2 Preparation of an accompanying decision in Greek and the language of understanding of the applicant/applicant

              Responsible for Implementation Competent Employee

              Μethod of Implementation Manual Action

              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.

              No No


            • 3 Decision posted to ‘Alkyone’

              Responsible for Implementation Competent Employee

              Μethod of Implementation Manual Action

              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.

              Notes Alkyone: Information system

              No No


            • 4 Note to the performance book

              Responsible for Implementation Competent Employee

              Μethod of Implementation Manual Action

              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.

              Notes 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.

              No No






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