It paves the way for the government to revoke the international protection status granted to foreigners or even to reject applications for international protection, citing the country's national interests or the maintenance of order and security or the commission of serious crimes.
The revocation of international protection status or the brake on the provision of international protection is provided for in a bill that has been submitted to the Parliamentary Committee on Internal Affairs.
Under certain conditions, the competent authority may promote the return of the holder of international protection or the applicant to his or her country or even deport him, unless a court decides otherwise. Any decision of a Court on expulsion, etc., does not annul the decision of the authorities to reject the application (for international protection) unless the Court itself orders otherwise.
In the introductory report accompanying the bill, it is stated that "the amendment of the legislation regulates the effective implementation of the exclusion/revocation provisions on the basis of reasons directly related to the national interests of the country and the maintenance of law and security, such as the commission of serious crimes by applicants/beneficiaries of international protection".
Furthermore, it is recorded that "the amendment of the legislation aims at the technical regulation of the revocation/exclusion clauses, in order to ensure their correct and effective application, especially in cases where international protection status has already been granted".
It is noteworthy that "the amending bill was not consulted, as it falls under the exceptions of the revised Consultation Guide, of the General Directorate of Development of the Ministry of Finance". Specifically, it is considered that the regulations provided for in the promoted amendment fall into the following categories of exceptions:
-The regulation of an issue related to the national interests and/or external relations of the Republic", and
-The regulation that is promoted for purely corrective purposes without bringing about substantial changes in the object, purpose and implementation of an existing regulation that has already been consulted (e.g. technical amendment of existing legislation).
The government considers that non-consultation is excluded from public consultation because it is promoted for purely corrective purposes without bringing about substantial changes in the object, purpose and implementation of an existing regulation that has already been consulted.
It is estimated that one of the reasons for the non-consultation is also related to the possible reactions that could be caused if the public consultation cycle were opened, mainly due to the possibility of abuse of the provisions of the promoted legislation or their exploitation by the authorities for the revocation of the international protection status or the rejection of applications submitted.
The introductory report also states that the main provisions of the amending bill aim at the transfer of responsibilities held by the Minister of the Interior to the Deputy Minister of Migration and International Protection to the President.
On the basis of the bill being promoted, the Council of Ministers may, by its decision, restrict the right of free movement of applicants to certain of the areas controlled by the Government of the Republic, and/or decide on the place of residence of the applicants, for reasons of public interest or public order.
In addition, the supervisor may, by his decision, restrict the applicant's right of free movement to certain of the areas controlled by the Government of the Republic, or determine the place of residence of the specific applicant, for reasons of public interest or public order or, where necessary, for the expeditious processing and effective monitoring of his application.
The bill is also amended so that "the research, collection of information and preliminary assessment of the characterization or declassification of a country as a safe country of citizenship is carried out by the Asylum Service, which submits a specific recommendation to the Deputy Minister and a relevant decision is taken by the Council of Ministers.
When the State Secretary finds a significant change in the human rights situation in a country that has been designated as safe, he or she shall review as soon as possible and, if necessary, inform the Council of Ministers with a view to revising the country's classification as safe.
The debate on the amending Bill under the title "The Refugee Amendment Law of 2024" begins today before the Parliamentary Committee on Interior.
