The SYRIZA-Progressive Alliance parliamentary group, led by its president Alexis Tsipras, submitted an amendment in favor of the student Saidou Kamara, calling for the reinstatement of specific provisions that had been repealed by ND in the past, with the result that, as it states, the very essence of the rule of law “.
The deputies of SYRIZA-PS, as mentioned in the announcement announcing the submission of the amendment, ask ND to take a specific position on the issue of student Saidou Kamara and hundreds of others who attend Greek schools, “otherwise the way it is governed “New Democracy will be hypocritical on this issue.”
The SYRIZA-PS Parliamentary Group proposes to restore the possibility for the Independent Committees of the Appeals Authority to refer an application for international protection to the competent authorities, when it is rejected, but the Commission considers that there are humanitarian reasons for granting a residence permit in the country.
According to SYRIZA, the amendment of the official opposition proposes the reinstatement of provisions with specific improvements in order to be in line with the most modern international practices.
The amendment:
AMENDMENT
In the draft law of the Ministry of Health on: Ratification of the Sub-Donation Agreement from 17.3.2022 – Project VIII, Annex 12 of the Donation Agreement from 6.9.2018 between the Foundation “Stavros S. Niarchos Public Benefit Foundation” and the Greek State for the support and upgrading health infrastructure – Arrangements for tackling the COVID 19 coronavirus pandemic and protecting public health ”
Subject: “Residence status for humanitarian reasons”
A. EXPLANATORY STATEMENT
The articles of the amendment restore the possibility for the Independent Committees of the Board of Appeal to refer an application for international protection to the competent authorities, when it is rejected, but the Commission considers that there are humanitarian grounds for granting a residence permit in the country.
Article 1 returns the case F of paragraph 1 of article 19A of the Immigration Code which was abolished by Law 4825/2021 with the addition of the explicit reference to the development of particularly strong ties with the country, as a reference factor and the reference to Article 8 of the European Convention on Human Rights, on the protection of private and social life, in order to make it more comprehensive.
Article 2 returns article 67 of Law 4375/2016, which was repealed by the provisions of Law 4686/2020, and is added as article 104A to Law 4636/2019.
Article 3 repeals paragraph 5 of article 72 of Law 4825/2021 so that case f can be added to paragraph 19A of the Immigration Code.
Article 4 provides, as a transitional provision, for the retroactive effect of the provisions as well as authorizing the Minister of Immigration and Asylum to settle cases that could have benefited from the possibility of staying on humanitarian grounds upon referral by the Committees of the Authority. Appeals.
Referral for a residence permit for humanitarian reasons is, in principle, the most well-known form of “supplementary protection” under international conventions, which mainly concern compliance with the principle of non refoulement to those who do not meet the conditions for granting status. refugees in accordance with the Geneva Convention, but in order to ensure compliance with obligations beyond the initiation of the return procedure, parameters such as the best interests of the child, the protection of the family life, the development of strong abuse prevention and health status.
The repeal of the provisions has dealt a significant blow to the very essence of the rule of law, and for this reason this amendment proposes to reinstate them with concrete improvements to bring them in line with modern international practice.
B. AMENDMENT-ADDITION
Article 1
In par. 1, no. 19A L.4251 / 2014 (A ’80) is added circumstance (f) as follows:
f. To citizens of third countries whose case has been referred to the Ministry of Immigration and Asylum by the competent Decision Authorities of article 1 of law 4375/2016 (AD 51) and the Committees of the Appeals Authority of article 4 of law 4375 / 2016 (AD 51), as in force.
For the purpose of granting a residence permit in this category, account shall be taken in particular of the objective impossibility of his removal or return to his country of origin or habitual residence for reasons of force majeure, such as serious health reasons of himself or his family member, international exclusion of his country, or development of particularly strong social ties with the country, or assistance to the person concerned with the non-refoulement clause of Article 3 or assistance to the person concerned under the terms of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms with article one of n.d. 53/1974 (A’256) or Article 3 of the New York Convention of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by Law 1782/1988 (A ‘116).
The relevant application for a permit for humanitarian reasons is considered only if the case of the third country citizen concerned has been referred to the Ministry of Immigration and Asylum by article 1 of law 4375/2016 (AD 51) or the Committees of the Appeals Authority of article 4 of Law 4375/2016 (AD 51), as in force, after their probation of assistance to the person of the applicant one or more conditions of the second paragraph of this paragraph.
The application is submitted within an exclusive period of ninety (90) days from the date of service, by the competent authorities of the relevant information document to the interested party. The residence permit is issued for one year, provides access to paid employment and can be renewed for two years at a time, provided that the above conditions still apply.
Article 2
Article 104A is added to Law 4636/2019 (AD169) as follows:
In the event that an application for international protection of a foreigner or stateless person has been finally rejected and the competent Decision Authorities of this Part assume that the person is eligible for a residence permit on humanitarian grounds, they shall refer the matter to the competent authorities in accordance with Article 19. of Law 4251/2014 (AD 80) as in force, which decide on the granting of this permit. In this case, the competent Decision Authorities issue a relevant certificate to the interested party.
Article 3
Paragraph 5 of article 72 of Law 4825/2021 (A ‘157) is abolished.
Article 4
Articles 1, 2 and 3 hereof shall apply retroactively from 4/9/2021.
Cases that would fall under the provisions of article 1, from the date of publication of Law 4825/2021 (A ‘157) until the date of validity of the present, are regulated by a Decision of the Minister of Immigration and Asylum.
Athens, March 29, 2022
THE PROPOSING MEMBERS
Tsipras Alexis
Psychogios George
Gerovasili Olga
Avramakis Eleftherios
Agathopoulou Irini
Athanassiou Athanasios (Nasos)
Alexiadis Tryfonas
Amanatidis Giannis
Anagnostopoulou Athanasia (Co.)
Apostolos Evangelos
Arachovitis Stavros
Avgeri Theodora (Gifts)
Avlonitis Alexandros – Christos
Ahtsioglou Eftychia (Efi)
Vagena Anna
Vardakis Socrates
Bored George
King Vassilis
Bernardakis Christoforos
Vetta Kalliopi
Vitsas Dimitris
Voutsis Nikos
Giannoulis Christos
Anastasia Gara (Natasha)
Giolas Giannis
Dragasakis Giannis
Dritsas Theodoros
Eleftheriadou Sultana
Zachariadis Costas
Zeybek Hussein
Zouraris Constantinos
Igoumenidis Nikos
Thrapsaniotis Emmanuel
Kalamatianos Dionysios – Charalambos
Kasimati Irini (Nina)
Katrougalos George
Katsis Marios
Kafantari Charoula (Joy)
Kokkalis Vassilios
Lappas Spyridon
Malama Sunday
Mamoulakis Charalambos (Haris)
Markou Konstantinos
Meikopoulos Alexandros
Michailidis Andreas
Mouzalas Giannis
Balafas Giannis
Barkas Constantinos
Bournous Giannis
Moraitis Athanasios (Thanos)
Notopoulou Katerina
Xanthopoulos Theofilos
Blonde Andreas
Xenogiannakopoulou Mariliza
Papadopoulos Athanasios (Sakis)
Papailiou George
Papanatsiou Katerina
Pappas Nikos
Peropis Theopistis (Peti)
Polakis Pavlos
Poulou Panagiou (Yota)
Ragousis Giannis
Santorini Nektarios
Sarakiotis Giannis
Skourletis Panagiotis (Panos)
Skouroliakos Panagiotis (Panos)
Elizabeth (Betty) Hat
Spirtzis Christos
Syrmalenios Nikos
Teligioridou Olympia
Tzakri Theodora
Tzanakopoulos Dimitris
Julie Merope
Tolkas Angelos
Triantaphyllidis Alexandros
Tsakalotos Euclid
Tsipras George
Famellos Socrates
Φίλης Νίκος
Flampouraris Alexandros
Fotiou Theano
Charitou Dimitrios (Takis)
Charitsis Alexandros (Alexis)
Hatzigiannakis Miltiadis
Christidou Rallia
Source: Capital
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