Hazara Nation

ana Greece's supreme administrative court, the Council of State, has revoked a ministerial decision denying asylum to an unaccompanied minor from Afghanistan, who had entered Greece as an illegal immigrant in November 2001.

The young man, then aged just 15, and had been arrested by the Kos coast guard when he attempted to enter Greece from neighbouring Turkey, unaccompanied by a parent or guardian. His application to be given asylum as a political refugee, claiming fear of persecution in his native Afghanistan due to his racial background and religion, had been denied by the then public order ministry three times.

Specifically, the boy claimed to be a Shi'ite Muslim of the Hazara tribe and that he had been forced to leave Afghanistan due to the civil war and the religious and political turmoil in his native country, believing that he would be personally targeted if he returned. He had also requested to be given a temporary residence permit on humanitarian grounds.

Since arriving in Greece, the youth had been living in a hostel for underage minors on Crete, where he had been attending classes.

The CoS revoked the ministry's decision as insufficiently justified, finding that the ministry had failed to observe laws that obliged it to investigate the validity of the claims put forward by the boy, who as a minor was entitled to a special protective status and guarantees under international, European and Greek laws.

The CoS decision noted, also, that the ministry had failed to assign a special temporary commissioner to the minor, as it was obliged to do.