Author
There are several situations in which reception conditions may be reduced or withdrawn.[1]
Firstly, reception conditions may be reduced or in exceptional and specifically justified cases withdrawn, following a decision of the competent reception authority, where applicants:
- If provided with accommodation in the context of reception, abandon said accommodation without informing the competent administration or without permission or abandon the geographical location of residence which has been determined for them by the competent authority under article 49 (2) Asylum Code (see geographical restriction);
- Do not comply with the obligation to report personal information, such as address and employment contracts, or do not attend in person or do not respond to requests for information or do not attend, in the process of the examination of their application for international protection, a personal interview within the deadline set by the receiving and examining authorities;
- Have lodged a Subsequent Application;
In cases (a) and (b), when the applicant is located or voluntarily presents themselves before the competent authority, a duly justified decision, assessing the reasons of abandonment, is taken with respect to the renewal, in part or in full, of the provision of the material reception conditions that were reduced or withdrawn.
Secondly, the competent Reception Authority reduces material reception conditions when it finds that the applicant, without justifiable reason, has not submitted an application for international protection as soon as possible after their arrival on the Greek territory.
Thirdly, the competent Reception Authority withdraws material reception conditions when it is established that the applicant has concealed financial resources and has, as a consequence, illegitimately taken advantage of the material reception conditions.
Fourthly, in cases of serious breach of the Operating Regulations of the accommodation centres, which disturbs the smooth operation of the centres and the coexistence of the people in them, especially when demonstrating particularly violent behaviour, material conditions are withdrawn as a sanction. At the same time, the competent Police Director and, in the case of the General Police Directorates of Attica and Thessaloniki, the Police Director responsible for aliens is immediately informed, in order to ascertain whether there is a case of application of paragraph 2d or par. 3 of article 50 of this Code. In the case of UAMs, the competent Reception Authority must, before imposing the interruption of accommodation, contact the assistance services and/or the judicial authorities responsible for the protection of UAMs, to ensure the placement of the minor in a structure appropriate for his/her needs and to order other potential relief measures, if this is justified by the circumstances.
Lastly, material reception conditions are reduced, in accordance with provisions under article 61, in cases where minor applicants and the minor children of the applicants do not comply with the obligation to enrol and attend school (primary and secondary education of the public system of education), due to an unwillingness to integrate into the education system. In such cases, administrative sanctions foreseen for Greek citizens are also imposed on the adult members of the minor’s family.[2]
Article 61 (5) of the Asylum Code provides that the decision to reduce or withdraw material reception conditions or the decision imposing the sanction foreseen in case of serious breach of the Operating Regulations of the accommodation centres, is taken by the competent Reception Authority on an individual and objective basis and must be justified. It also provides that the special situation of the person concerned, particularly if vulnerable, is to be taken into account and that the decision to reduce or withdraw material reception conditions cannot obstruct the applicant’s access to medical and pharmaceutical care, in accordance with article 59 (2) of the Asylum Code, or make it impossible for them to access basic means that ensure a dignified standard of living. The same article also provides that the decision to reduce or withdraw material reception conditions or to impose the aforementioned sanction is communicated to the applicant in a language they understand.
As per article 61(6), material reception conditions cannot be withdrawn or reduced before the aforementioned decision is taken. The procedure to be followed is laid down in the General Regulation of Temporary Reception and Temporary Accommodation Facilities for third country nationals or stateless persons under the responsibility of the RIS (Γενικός Κανονισμός Λειτουργίας Δομών Προσωρινής Υποδοχής και Δομών Προσωρινής Φιλοξενίας πολιτών τρίτων χωρών ή ανιθαγενών, που λειτουργούν με μέριμνα της Υπηρεσίας Υποδοχής και Ταυτοποίησης) and the General Regulation for the Operation of Reception and Identification Centres and Mobile Reception and Identification Units (Γενικός Κανονισμός Λειτουργίας Κέντρων Υποδοχής και Ταυτοποίησης και Κινητών Μονάδων Υποδοχής και Ταυτοποίησης). In the first case, the procedure foresees: (a) a written warning and (b) a reasoned decision reducing or withdrawing material reception conditions, while in the second case a three-step procedure is foreseen, consisting of (a) an oral recommendation, (b) a written warning and (c) the interruption of accommodation as long as reception and identification procedures have been completed.[3]
A 2021 general regulation covering the operation of the island CCACs inter alia foresees the possibility to terminate accommodation and withdraw material reception if applicants are unjustifiably not identified during the regular census-verification of the resident population for two consecutive times,[4] although no separate procedure is foreseen. The same provision is maintained under article 9 of a 2023 General Regulation for the Operation of the CCACs.[5]
Between June and December 2020, reception conditions were withdrawn in the case of 4,957 people, 2,964 of whom were accommodated in camps, and 2.033 in the former ESTIA accommodation scheme (2,033), following status recognition or after a second instance negative decision. Data on decisions reducing or withdrawing material reception conditions have since not been provided by the MoMA, even though GCR has requested it on a yearly basis. Instead, following the latest such request sent by GCR in January 2024, the MoMA replied by referring GCR to the Ministry’s website “and in particular at the link https://migration.gov.gr/statistika/ [where] the monthly newsletters are published, alongside relevant annexes, which include summary and detailed statistical data on the work of the First Reception Service, the Asylum Service and the Appeals Authority […]”[6]. Yet, a closer look at the public sources referred to by the MoMA highlights that the specific data is not available.
Applicants have the right to lodge an appeal (προσφυγή) against decisions that reduce or withdraw reception conditions before the Administrative Courts. In the case of appeal before the Courts, applicants also have a right to free legal aid and representation.[7] However, as explained further below, the remedy provided by this provision is not available in practice.
[1] Article 61 (1), (2), (3) and (4) of Asylum Code.
[2] Article 55 (2) Asylum Code.
[3] Article 18 (1) Ministerial Decision 23/13532/2020, Gov. Gazette, 5272/Β’/30.11.2020 and article 10(1) Joint Ministerial Decision 1/7433/10-6-2019, Gov. Gazette 2219/B/10.6.2019.
[4] Article 7 (2) Decision 25.0/118832 of the General Secretary of Reception of the MoMA, Gov. Gazette 3191/B/20.7.21, available in Greek at: https://bit.ly/3XwiTz8.
[5] Article 9 (2) Decision 553695/2023 of the General Secretary of Reception of the MoMA, Gov. Gazette 7533/B/31.12.23, available in Greek at: https://bit.ly/4beC3fU.
[6] MoMA, Analysis and Studies Office, Reply to GCR’s request for information for the preparation of the updated Annual Report on Greece for 2023 in the framework of the Asylum Information Database (AIDA) project, received on 14 February 2024 (protocol number: 55259).
[7] Article 118 (1) and (2) Asylum Code.