Admissibility procedure

Greece

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

Author

Greek Council for Refugees Visit Website

General (scope, criteria, time limits)

 

Under Article 84 IPA[1], an application can be considered as inadmissible on the following grounds:

  1. Another EU Member State has granted international protection status
  2. Another EU Member State has accepted responsibility under the Dublin Regulation;
  3. The applicant comes from a First Country of Asylum;
  4. The applicant comes from a Safe Third Country;
  5. The application is a Subsequent Application and no “new essential elements” have been presented;
  6. A family member has submitted a separate application to the family application without justification for lodging a separate claim.

The Asylum Service must decide on the admissibility of an application within 30 days.[2]

The Asylum Service dismissed 4,419 applications as inadmissible in 2019: 

Inadmissibility decisions: 2019

Type of decision

Number

Safe third country

240

Dublin cases

2,755

Subsequent application

1,422

Formal reasons

2

Total

4,419

Source: Asylum Service, https://bit.ly/3br6C33.

 

 Personal interview

 

The conduct of an interview on the admissibility procedure varies depending on the admissibility ground examined. For example, according to Article 89(2) IPA, in force since 1 January 2020 as a rule no interview takes place during the preliminary examination of a subsequent application.[3] In Dublin cases, an interview limited to questions on the travel route, the family members’ whereabouts etc. takes place (see section on Dublin). Personal interviews in cases examined under the “safe third country” concepts focus on the circumstances that the applicant faced in Turkey. 

From 1 January 2020 onwards, it is possible for the admissibility interview to be carried out by personnel of EASO or, in particularly urgent circumstances, trained personnel of the Hellenic Police or the Armed Forces.[4] Such personnel is not allowed to wear military or law enforcement uniforms during interviews.[5]

 

Appeal

 

Under the previous L. 4375/2016, an appeal against a first instance decision of inadmissibility could be lodged within 15 days, instead of 30 in the regular procedure. Under the border procedure the appeal could be lodged within 5 days.[6] The appeal had an automatic suspensive effect.

The 2019 reform has made significant changes to the rules governing appeals against inadmissibility decisions. According to the IPA, the deadlines for appealing an inadmissibility decision, the automatic suspensive effect of appeals and the format of the Committee examining them depend on the inadmissibility ground invoked in the first instance decision:[7]

Time limits and automatic suspensive effect: Appeals against inadmissibility

Ground

Deadline (days)

Suspensive

Format

Protection in another EU Member State

20

x

Single judge

Dublin

15

Ö

Single judge

First country of asylum

20

x

Collegial

Safe third country

20

Ö

Collegial

Subsequent application with no new elements

5

x

Single judge

Application by dependant

20

Ö

Single judge

The Appeals Committee must decide on the appeal within 30 days,[8] as opposed to 3 months in the regular procedure.

 

Legal assistance

 

Legal Assistance in the admissibility procedure does not differ from the one granted for the regular procedure (see section on Regular Procedure: Legal Assistance).



[1] Prior to the reform Article 54 L 4375/2016 was applicable, according to which an application can be considered as inadmissible on the following grounds: Another EU Member State has granted international protection status or has accepted responsibility under the Dublin Regulation; The applicant comes from a “safe third country” or a “first country of asylum”; The application is a subsequent application and no “new essential elements” have been presented; A family member has submitted a separate application to the family application without justification for lodging a separate claim.

[2] Article 83(2) IPA.

[3] According to the second limb of Article 59(2), “Exceptionally, the applicant may be invited, according to the provisions of this Part, to a hearing in order to clarify elements of the subsequent application, when the Determining Authority considers this necessary”.

[4] Article 77(1) IPA.

[5] Article 77(12)(c) IPA.

[6] Article 61(1) L 4375/2016

[7] Articles 92(1)(b) and (d) and 104(2)(a) IPA; Article 5(7)(c) L 4375/2016, as amended by Article 116(2) IPA.

[8]  Article 101(1)(d) 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