M.S.S. v. BELGIUM AND GREECE JUDGMENT
19
job concerned does not interest “a Greek national, a citizen of the European
Union, a person with refugee status, a person of Greek origin, and so on”.
93. Asylum-seekers have access to vocational training programmes
under the same conditions as Greek nationals (Article 11).
94. If they are financially indigent and not insured in any way, asylumseekers are entitled to free medical care and hospital treatment. First aid is
also free (Article 14 of PD no. 220/2007).
2. Detention
95. When the administrative expulsion of an alien is permitted under
section 76(1) of Law no. 3386/2005 (see paragraph 119 below) and that
alien is suspected of intending to abscond, considered to be a threat to
public order or hinders the preparation of his or her departure or the
expulsion procedure, provisional detention is possible until the adoption,
within three days, of the expulsion decision (section 76(2)). Until Law
no. 3772/2009 came into force, administrative detention was for three
months. It is now six months and, in certain circumstances, may be
extended by twelve months.
96. An appeal to the Supreme Administrative Court against an expulsion
order does not suspend the detention (section 77 of Law no. 3386/2005).
97. Where section 76(1) is found to apply upon arrival at Athens
International Airport, the persons concerned are placed in the detention
centre next to the airport. Elsewhere in the country, they are held either in
detention centres for asylum-seekers or in police stations.
98. Under Article 13 § 1 of PD no. 90/2008, lodging an application for
asylum is not a criminal offence and cannot, therefore, justify the
applicant’s detention, even if he or she entered the country illegally.
B. The asylum procedure
1. Applicable provisions
99. The provisions applicable to the applicant’s asylum application are
found in the following PDs: PD no. 61/1999 on the granting of refugee
status and its withdrawal and the expulsion of an alien, residence permits for
family members and means of cooperation with the UNHCR; and PD
no. 90/2008 transposing Council Directive 2005/85/EC (“the Procedures
Directive”; see paragraph 85 above), as amended by PD no. 81/2009.
(a) Access to the procedure
100. All nationals of third countries or stateless persons have the right to
apply for asylum. The authorities responsible for receiving and examining
the applications ensure that all adults are able to exercise their right to lodge