Accelerated procedure

Greece

Country Report: Accelerated procedure Last updated: 30/11/20

Author

Greek Council for Refugees Visit Website

General (scope, grounds for accelerated procedures, time limits)

 

The IPA provides that the basic principles and guarantees applicable to the regular procedure are applied to the accelerated procedure and that “the accelerated procedure shall have as a sole effect to reduce the time limits”.[1] The wording of the law is misleading, however, given that the accelerated procedure as amended by the reform entails exceptions from automatic suspensive effect and thereby applicants’ right to remain on the territory. According to Art. 83(4) IPA the examination of an application under the accelerated procedure must be concluded within 20 days, subject to the possibility of a 10-day exception. Until the en d of 2019, L 4375/2016, the examination of an application under the accelerated procedure, according to L. 4375/2016, must be concluded within 30 days,[2] although the possibility to extend the time limits applies as in the Regular Procedure.

The Asylum Service is in charge of taking first instance decisions for both regular and accelerated procedures.

An application is being examined under the accelerated procedure when[3]:

  1. The applicant comes from a Safe Country of Origin;
  2. The application is manifestly unfounded. An application is characterised as manifestly unfounded where the applicant, during the submission of the application and the conduct of the personal interview, invokes reasons that manifestly do not comply with the status of refugee or of subsidiary protection, or where he or she has presented manifestly inconsistent or contradictory information, manifestly lies or manifestly gives improbable information, or information which is contrary to adequately substantiated information on his or her country of origin, which renders his or her statements of fearing persecution under PD 141/2013 as clearly unconvincing;
  3. The applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents regarding his/her identity and/or nationality which could adversely affect the decision;  
  4. The applicant has likely destroyed or disposed in bad faith documents of identity or travel which would help determine his/her identity or nationality;
  5. The applicant has submitted the application only to delay or impede the enforcement of an earlier or imminent deportation decision or removal by other means; 
  6. The applicant refuses to comply with the obligation to have his or her fingerprints taken.

The number of asylum applications subject to the accelerated procedure in 2019 is not available.[4]

The IPA extends the list of cases that can be examined under the accelerated procedures. Article 83(7) IPA repeats the above list and also adds the following cases which are examined under the accelerated procedure:

  • the applicant submitted a subsequent application;
  • the applicant entered the country “illegaly” (sic) or he/she prolongs “illegaly” his/her stay and without good reason, he/she did not present himself/herself to the authorities or he/she did not submitt an asylum application as soon as possible, given the circumstances of his/her entrance;
  • the applicant may be considered on serious grounds as a threat to the public order or national security;  
  • the applicant is a person belonging to a vulnerable group under the conditions that he/she receives appropriate support in accordance with the provisions with regards “Applicants in need of special procedural guarantees”.

 

Personal interview

 

The conduct of the personal interview does not differ depending on whether the accelerated or regular procedure is applied (see section on Regular Procedure: Personal Interview).

 

Appeal

 

Since the entry into force of the IPA, the time limit for lodging an appeal against a decision in the accelerated procedure is 20 days,[5] as opposed to 30 days under the regular procedure. Under the previous law L. 4375/2016, this was “at the earliest 10 days” after the submission of the appeal.[6] According to Article 101(1)(b) IPA, the Appeals Committee must reach a decision on the appeal within 40 days of the examination. Before the entry into force of the IPA, the Appeals Committee had to reach a decision on the appeal within 2 months.[7]

Following the 2019 reform, appeals in the accelerated procedure in principle do not have automatic suspensive effect.[8] The Appeals Committee decides on appeals in the accelerated procedure and appeals against manifestly unfounded applications in single-judge format.[9]

 

Legal assistance

 

The same legal provisions and practice apply to both the regular and the accelerated procedure (see Regular Procedure: Legal Assistance).

 


[1] Art. 83(1) IPA.

[2] Article 51(2) L 4375/2016, as amended by Article 28(9) L 4540/2018.

[3] Art. 83(4) IPA. 

[4] Information provided by the Asylum Service, 17 February 2020.

[5] Article 92(1)(b) IPA.

[6]Article 62(2)(b) L 4375/2016.

[7] Article 62(6) L 4375/2016.

[8] Article 104(2)(d) IPA, citing Article 83(9)(h) IPA.

[9]Article 5(7)(a)-(b) L 4375/2016, as amended by Article 116(7) IPA.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation