Author
The asylum procedure in Greece underwent substantial reforms throughout 2016, many of which driven by the adoption of the EU-Türkiye statement of 18 March 2016. The adoption of Law (L) 4375/2016 in April 2016 and its subsequent amendments in June 2016 overhauled the procedure. Provisions related inter alia to the implementation of the EU-Türkiye statement were re-amended in March 2017, August 2017 and May 2018.
Following the July 2019 elections, the new government announced a more restrictive policy on migration and asylum.[1] As a result, national asylum legislation was radically re-amended. L. 4636/2019 (hereinafter International Protection Act/IPA), was adopted on 1 November 2019 and entered into force on 1 January 2020, replacing the previous legislation on asylum and reception.
The IPA has been repeatedly and heavily criticised by national and international human rights bodies including the Greek Ombudsman,[2] the Greek National Commission for Human Rights (GNCHR),[3] UNHCR[4] and several civil society organisations.[5] It has been categorised, inter alia, as an attempt to lower protection standards and create unwarranted procedural and substantive hurdles for people seeking international protection. As noted by UNHCR, the new Law reduces safeguards for people seeking international protection and creates additional pressure on the overstretched capacity of administrative and judicial authorities. “As a result, asylum seekers may be easily excluded from the process without having their international protection needs adequately assessed. This may expose them to the risk of refoulement”.[6]
On 10 April 2020, four months after the entry into force of the new law, the Ministry of Migration and Asylum submitted a bill entitled “Improvement of migration legislation”, aiming at speeding up asylum procedures and at “responding to practical challenges in the implementation of the law”. The proposed amendment further weakens basic guarantees for persons in need of protection. Inter alia, the draft law increases the number of applications which can be rejected as manifestly unfounded and introduces a set of provisions that can lead to arbitrary detention of asylum seekers and third country nationals.[7] The draft law was adopted by the Parliament on 9 May 2020,[8] despite concerns from human rights bodies, including the Council of Europe Commissioner for Human Rights and civil society organizations.[9] Further amendments were introduced by L. 4825/2021 voted in in September 2021.
On June 2022, L. 4939/2022 “Ratification of the Code on reception, international protection of third-country nationals and stateless persons, and temporary protection in cases of mass influx of displaced persons” (hereinafter Asylum Code) was adopted by the parliament, mainly codifying amendments introduced after 2019 (i.e. IPA etc), in one piece of legislation.
First instance procedure
Since September 2022, Asylum applications need to be lodged in Malakasa and Diavata Reception and Identification Centres (RICs), in the south and north of Greece respectively. Subsequent applications are lodged before the Regional Asylum Offices (RAO) across the country. The Asylum Service is also competent for applying the Dublin procedure, with most requests and transfers concerning family reunification in other Member States. The Asylum Service may be assisted by EUAA staff in registration and interviews. Effective Access to the asylum procedure still remains an issue of concern. First instance decisions rejecting an asylum application also include a removal order or incorporate a previous removal decision if this has been already issued.
Following the issuance of the Joint Ministerial Decision (JMD) on 7 June 2021, which designated Türkiye as a safe third country for applicants from Syria, Afghanistan, Somalia, Pakistan and Bangladesh, applications submitted by applicants of these nationalities on the islands and in the mainland, are examined under the safe third country concept. This was renewed by another Joint Ministerial Decision in February 2022.[10]
A fast-track border procedure is applied to applicants subject to the EU-Türkiye statement, i.e. applicants arriving on the islands of Eastern Aegean islands after 20 March 2016. This takes place in the Reception and Identification Centres (RIC) where hotspots are established (Lesvos, Chios, Samos, Leros, Kos) and before the Rhodes RAO.
Appeal
First instance decisions of the Asylum Service are appealed before the Independent Appeals Committees under the Appeals Authority. An appeal must be lodged within 30 days in the regular procedure, 20 days in the accelerated procedure, in case of an inadmissibility decision or where the applicant is detained, 15 days in the Dublin procedure, 10 days in the border procedure and in the fast-track border procedure and 5 days in the case of an inadmissibility decision on a subsequent application.
Appeals submitted against decisions rejecting applications in the accelerated procedure or dismissed as inadmissible on certain grounds do not have an automatic suspensive effect. The procedure before the Appeals Committees is as a rule written.
An Application for Annulment against a negative second instance decision can be filed before the First Instance Administrative Court of Athens or Thessaloniki within 30 days from the notification. No automatic suspensive effect is provided and there is no tailored free legal aid.
[1] Amnesty International, Annual Report 2019, Greece, available at: https://bit.ly/2LDT5L6.
[2] Greek Ombudsman, Παρατηρήσεις στο σχέδιο νόμου του Υπουργείου Προστασίας του Πολίτη περί διεθνούς προστασίας, 23 October 2019, available in Greek at: https://bit.ly/2LAxCCH.
[3] GNCHR, Παρατηρήσεις της ΕΕΔΑ στο Σχέδιο Νόμου του Υπουργείου Προστασίας του Πολίτη «Περί Διεθνούς Προστασίας’, 24 October 2019, available in Greek at: https://bit.ly/3cIUBYa.
[4] UNHCR, ‘UNHCR urges Greece to strengthen safeguards in draft asylum law’, 24 October 2019, available at: https://bit.ly/3fXkm9j.
[5] See inter alia GCR, Observation on the draft law on international protection, 23 October 2019; Amnesty International, Το προτεινόμενο σχέδιο νόμου για το άσυλο υποβαθμίζει την προστασίας και τα δικαιώματα των προσφύγων και παραβιάζει τα διεθνή πρότυπα, 24 October 2019, available at: https://bit.ly/3dWduqV, RSA, RSA Comments on the International Protection Bill, 21 October 2019, available at: https://bit.ly/2LCfJU7; Actionaid Greece et al, 15 civil society organisations call upon the Government to organise a substantial public consultation prior of voting the draft law on asylum, 31 October 2019, https://bit.ly/2Zf4tFe; Amnesty International et al., Joint press conference regarding the draft law on asylum, 30 October 2019, available at: https://bit.ly/3bDUgVr.
[6] UNHCR, ‘UNHCR’s Intervention at the hearing for actors to the Standing Committee of Public Administration, Public Order and Justice of the Hellenic Parliament regarding the Draft Law on the Improvement of Migration Legislation’, 9 May 2020, available at: https://bit.ly/3dJEB8H.
[7] Ibid; See also GCR, ‘GCR’s comments on the draft law amending asylum legislation’, 27 April 2020, available at: https://bit.ly/2ywIMWa; RSA, ‘Comments on the Reform of the International Protection Act’, 23 April 2020, available at: https://bit.ly/2WrMwQR.
[8] L. 4686/2020, Gov. Gazette A’ 96 /12 May 2020; Amendments introduced by L. 4686/2020 in May 2020 are not included in the present report.
[9] Council of Europe, Commissioner for Human rights, 7 May 2020.
[10] JMD 734214 (Gazette Β’ 6250/12-02-2022).