Amendment Al. Tsipras and SYRIZA for Saidou Kamaras

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an amendment in favor of the student Saidou Kamara, calling for the reinstatement of specific provisions that had been repealed by ND in the past, with the result that, as it states, the very essence of the rule of law “.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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