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Greece 'unfit' for asylum reviews: Swedish court

Published: 6 Sep 10 14:54 CET | Print version
Online: http://www.thelocal.se/28804/20100906/

The Migration Court (Migrationsdomstolen) in Malmö has halted the transfer of five asylum seekers to Greece even though EU rules stipulate the applications should be reviewed there.

The court has found that "the asylum process in Greece has such wide deficiencies" that there is a risk that the applicants would not receive a fair trial and that there is a "considerable risk" that they would be forced to return to their home country "despite the fact that the need for protection may exist."

As such, Sweden should take over the asylum procedure, the court has found.

The five asylum seekers, two women and their three children, first traveled to Greece before arriving in Sweden. According to EU rules enshrined in the Dublin Convention, their applications for asylum should therefore be processed in the first EU country in which they arrive.

While the court referred to a 2008 ruling that the transfers could be made to Greece, it also pointed out that Greek legislation has deteriorated since then. The Office of the United Nations High Commissioner for Refugees (UNHCR) has refused to participate in the new Greek asylum process.

Moreover, the Migration Court added that only 1.2 percent of all asylum applications in Greece received approval on the first instance last year and two percent in the second instance.

The court underlined that the UNHCR has shown that the refusals "are standardised" and lack detailed legal reasoning, referring to the circumstances of the case or country information.

The court found "strong humanitarian grounds" for an exception from the Dublin Regulation.

TT/The Local (news@thelocal.se/08 656 6518)

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15:06 September 6, 2010 by Kevin Harris
What an insult to the nation of Greece. If the Migration Court and the UNHCR have somehow misunderstood the situation in Greece, we need to hear something very quickly from the Greek embassador to Sweden correcting this misinformation.
15:09 September 6, 2010 by ehwhat?
The Greeks have learned to use the word no. This is apparently illegal.
15:32 September 6, 2010 by planet.sweden
Sweden's pious posturing will be its undoing. It's simply advertising to the world that it has the softest asylum requirements in the EU. Stand by for an avalanche of applicants.
15:56 September 6, 2010 by Rishonim
Greeks are intelligent
16:05 September 6, 2010 by occassional
Music to the ears of Greece, I am sure. That is precisely what they have been wanting all along. Enjoy...
17:18 September 6, 2010 by Nika-NM
I'm myself a Georgian immigrant in Greece and twice a year I apply for the renewal of my residence permit here. To be honest, the way the application process is carried out here leaves too much to be desired.

if I ever move there I don't want to play a role of a leech - living there without contributing to the country of my residence, however meagre the input I provide.

Many a time have I thought of moving to Sweden, because I have had a penchant for Scandinavia since time out of mind. And this affinity of mine isn't insipid or wishy-washy - I am pretty versed in everything Scandinavian (that is, I read upon everything that's intriguing enough for me) - music, literature, history, sociology, politics, etc. - and wouldn't even waver for a fraction of a second if I had any chance to learn Swedish - I'd some futile trials back in Georgia but it all went pear-shaped, so I had to pack it in.

I'd leave for Sweden without any delay were I not taking the Greek language courses at the moment, when I'm done with it I'll submit my documents.
17:49 September 6, 2010 by asian123
greece is intelligent. swedes are big fools accepting refugees ( so many). these so called refugees know that their dramas only accepted in sweden not in greece or italy or malta. thats why they came to sweden. good time for sweden democrats.

for sure all these refugees will take all of the social money in future.

if sweden take out social money , no refugees will come to sweden anymore.
21:27 September 6, 2010 by miss79
greece is not in war..why take them?why loose money for something cannot give in return like iraq (for oil)?
23:46 September 6, 2010 by Texrusso
This is about who is a fool or not. The Swedish court has shown objectivity and intelectual judgement. Once again,This is were ethics and moral applies in law.
07:41 September 7, 2010 by flintis
The migration court in Malmö is not only extremely incompetent it is also extremely bais. Sounds more likely that some of these people have relations with influence.
10:13 September 7, 2010 by RobinHood
Greece agreed to abide by the rules when it joined the EU. It is bound to process asylum seekers properly, because it has promised to do so. If Greece is unable, or unwilling to follow these rules, it should say so and accept whatever consequences the EU decide to impose.

Greece has had a wonderful time milking the EU for every Euro it can, but when it's time to live up to its promises and obligations as an EU member, it's nowhere to be seen.

Furthermore, the Swedish migration court based its view that the Greek justice system is disfuncional, on advice it received from the UN. Provincial judges rarely overule the UN on this type of thing, nor should they.

It would be really useful to hear from someone who believes the Greek justice system is processing assylum seekers in the way it agreed to do so when it joined the EU, and not just ruber stamping rejections, which is the UN's allegation.
10:40 September 7, 2010 by flintis
@RobinHood: The Greeks abide by EU regulations ie the Dublin regulation, what is nearer the fact is the Swedish migration dept refuses to abide by this legislation.

1.2% of all applicants recieve asylum in Greece in Sweden it's probably nearer 97.8%, which is why there is so much unemployment and that many illegals hiding around the country. It is more difficult for an EU citizen to recieve a residnce permit than it is for some (eg) Albanian war criminal.

Obviously the system has got it's priorities mixed up.
11:40 September 7, 2010 by RobinHood
Thank you Flintis. The 1.2% Greek acceptance rate for asylum seekers comes from the story above, and certainly sounds like rubber stamp justice to me, the UN, and the Swedish migration board, but you must have more information than us.

I can't find any reference to 97.8% approval rate you quote for Sweden. Surely you didn't make it up? It doesn't matter, the topic is about Greek "justice", not Swedish.

As the court explained, the priority it applied here was "strong humanitarian grounds", on the basis it would be inhumane to send the asylum seekers back to Greece. If you think the system is "mixed up" for prioritising "humanitarian grounds" over others, that is more a comment on your values than theirs.
12:06 September 7, 2010 by flintis
@RobinHood: I was being sarcastic´with 97.8%.

The "Swedish Court" (a joke in it's self) found "strong humanitarian grounds" not the UN or the EU. In the courts report that probably reads "the asylum seekers post could be delayed, the beds are hard, the Mediterranean diet has too much olive oil, if they get extradited to Greece they may get fat"

The Swedish migration system has been overrun by blind fools, the type that ignore the problems caused by their incompetence
12:18 September 7, 2010 by RobinHood
"sarcastic"!!! No you weren't. You just made up a statistic (down to one tenth of a point) in support of your argument. Very cheap.
12:22 September 7, 2010 by flintis
@RobinHood: 100% - 1.2% = 97.8% = sarcasm
18:34 September 7, 2010 by Syftfel
It is difficult to have an opinion when the story does not reveal what their "home country" is. What is their "home country"? New Zeeland? And why did these asylum seekers choose to go to Sweden? They could have gone to another EU country, say, Bulgaria or perhaps Latvia? Why Sweden, and not Portugal?
07:16 September 8, 2010 by flintis
@Syftfel: they came to Sweden because they know the authorities are gullible enough to believe any yarn (story) they spin.
08:50 September 8, 2010 by Uncle
@flintis

True words.

Greeks are straightforward and ask for proof of being persecuted. Swedes are too PC and bend over whenever a 27 y/o from the ruling Somalian clan who is claiming that he is 14 y/o boy, raises his voice and starts screaming about racism and discrimination.

Probably becaus Greeks employ profilers and specialists in lies in their immigration service, whereas Swedes have nice social workers, who cry everytime a horror story is told them.
10:17 September 8, 2010 by Kahlua
@flintis

You wrote:

12:22 September 7, 2010 by flintis

@RobinHood: 100% - 1.2% = 97.8% = sarcasm

Truth #1 is:

100% - 1.2% = 97.8 = ignorance

Truth #2 is:

100% - 1.2% = 98.8%

Get your facts right.
14:31 September 8, 2010 by flintis
@Kahlua: you obviously have no idea what sarcasm is do you? = ignorant
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