Author
National forms of protection
There is no specific national protection status in Greece for persons entering the Greek territory without a valid visa. However, under strict conditions, Law 5038/2023 provides for certain residence permits that may be granted to persons residing irregularly in Greece. These permits are intended for narrowly defined vulnerable groups with specific needs and are regulated primarily under Article 134 of Law 5038/2023.
Article 134(1) establishes the possibility of granting residence permits on humanitarian grounds to spouses of Greek nationals in cases of separation of cohabitation, to individuals recognised for acts of social goodwill, to victims of labour accidents, victims of domestic violence, victims of crimes with racist characteristics, as well as victims of criminal acts. Paragraph 134(2a) provides for residence permits for victims of human trafficking, whereas paragraph 134(2b) concerns victims of abusive labor conditions. The protection of minors is addressed in paragraph 134(4a αα) for minors incapable of managing their affairs, paragraph 134(4a αγ) for minors placed in foster families, paragraph 134(4a αβ) for minors under guardianship, and paragraph 134(4b) for minors residing in institutions. Furthermore, paragraph 134(1) extends to persons undergoing therapeutic programs for mental dependency.
The residence permit for extraordinary reasons, which was previously regulated under Article 134(5) of Law 5038/2023 and available to individuals residing irregularly in Greece for over seven years, was abolished by Article 29 of the recent legislative draft (σχέδιο νόμου),[1] except for applicants who are parents of Greek citizens. This permit was not available for recent arrivals and thus did not serve as a legalisation mechanism for newly entered irregular migrants.
Thus, the current legal framework reflects a restrictive but focused approach, whereby residence permits without a valid visa are granted only to narrowly defined groups under specific humanitarian or exceptional conditions as provided in Article 134 of Law 5038/2023.
Return procedure
Pursuant to Article 87(8) of Law 4939/2022, “the decision rejecting the application for international protection shall also order the return of the applicant, in accordance with the provisions of Law 3907/2011 or Law 3386/2005, as applicable”.
The relevant Chapters (C, D, E, and F) of Law 3907/2011 were abolished upon the publication of Law 5226/2025 – in accordance with the transitional provision of Article 40 –. Specific matters regarding returns are now governed by the aforementioned Law 5226/2025, as in force since its publication in the Government Gazette A’ 154/08.09.2025.
Aritcle 6 provides for the obligation for authorities to take into account the Principle of non-refoulement, best interests of the child, family life, and health status of the individual when implementing relevant provisions (Article 5 of the Return Directive).
The AS and the Appeals Committee, in practice, include an order for the return of the person that has had their application rejected on the merits. These authorities can order the return, while the execution of the return falls uder the responsibility of the competent Aliens Directorates of the Hellenic Police.
This procedure should not be confused with the deportation procedure prescribed by Law 3907/2011 and now 5226/2025. This procedure is initiated, ordered and completed by Police Authorities upon the arrest of an undocumented individual – prior to an asylum application being made or for persons that do not wish to apply- and while remaining in Pre-removal detention.
Since appeals before the Appeals Committees no longer have an automatic suspensive effect as a general rule (see Admissibility Procedure: Appeal and Accelerated Procedure: Appeal), in theory the execution of the decision ordering the return could occur any minute prior to the appeal. Nonetheless, in practice it has not been noted to affect the individual’s opportunity to appeal, particularly in cases were the individual is not arrested or confined.
According to the statistics of the MoMa, during 2025[2] there were 2,464 forced returns. Nonetheless, the numbers refer only to forced returns (deportations). Alsoaccording to the statistics provided to GCR by the Police Authorities regarding 2025, there were 2,464 forced returns.
According to the MoMA,[3] returns under the Return Directive (decision to return with the deadline for voluntary departure, asylum withdrawals, etc.) fall under the title of “Voluntary Returns” and were a total of 1,240 cases in 2025. Voluntary returns assisted by IOM form a different category of voluntary returns and correspond to an additional 2,032 cases.
Consequently, according to the Ministry of Citizen Protection, the number of returns during 2025 were 5,736.[4]
[1] 17 July 2025, available at: https://www.opengov.gr/immigration/?p=1844.
[2] MoMA, Statistics, Consolidated Reports – Overview: December 2025 – International Protection | Appendix A, https://tinyurl.com/26ynfarp table 17.
[3] MoMA, Statistics, Consolidated Reports – Overview: December 2025 – International Protection | Appendix A, https://tinyurl.com/26ynfarp table 17.
[4] Information provided by the Directorate of the Hellenic Police, 6 March 2026.