Criteria and restrictions to access reception conditions

Greece

Author

Greek Council for Refugees

Article 12(1) PD 220/2007 provides that the authorities competent to receive and accommodate asylum seekers, i.e. the Ministry of Migration Policy, shall take adequate measures in order to ensure that material reception conditions are available to applicants for asylum. These conditions must provide applicants with a standard of living adequate for their health, capable of ensuring their subsistence and to protect their fundamental rights. According to Article 17 PD 220/2007, the abovementioned standard of living must also be provided to persons who have special needs as well as to persons who are in detention.

The provision of all or some material reception conditions and health care is subject to the condition that applicants do not have sufficient means to maintain an adequate standard of living adequate for their health and capable of ensuring their subsistence.1 This condition must be verified by the authorities competent to receive and accommodate asylum seekers. If it becomes clear that the applicant has sufficient means, these authorities may stop providing reception conditions to the extent that the applicant’s subsistence needs are covered by own sources.2 Applicants must in such case contribute, in full or in part, to the cost of the material reception conditions and of their health care depending on their own financial resources.3

The criteria and evidence used for the assessment of “sufficient means” are those applicable to Greece’s social welfare framework.4

In practice, asylum seekers staying on the islands are excluded from some forms of reception conditions.

  • 1. Article 12(3) PD 220/2007.
  • 2. Ibid.
  • 3. Article 12(4) PD 220/2007.
  • 4. Article 12(5) PD 220/2007, citing L 57/73 “measures for the social protection of the financially weak groups and abolishment of the law concerning the poverty state”.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti