Author
According to Article 29 Asylum Code beneficiaries of international protection should enjoy the same rights as Greek citizens and receive the necessary social assistance, according to the terms applicable to Greek citizens. Furthermore, according to Article 31 Asylum Code, beneficiaries of international protection have access to accommodation under the conditions and limitations applicable to third-country nationals residing legally in the country.
However, administrative and bureaucratic barriers, gaps in state-led actions aimed at addressing the particular housing challenges faced by beneficiaries of international protection, non-effective implementation of the law, and the impact of the economic crisis, coupled with the severe limitations of (social) housing policies, prevent international protection holders from enjoying their rights.
For beneficiaries of international protection, the HELIOS programme -which to this day remains the only nationwide integration programme- includes a housing component that can support people towards independent accommodation in apartments rented in their name through two initial installments aimed at contributing to the start of independent living (e.g., household equipment) and subsequent contributions to rental costs for up to a total of 12 months.[1] Said programme is implemented by the International Organisation for Migration (IOM) in partnership with several non-governmental organisations. However, in December 2023, HELIOS programme suspended its implementation, but resumed in January 2024.[2] It’s implementation was prolonged until 30 June 2024.[3]
A total of 45,254 beneficiaries enrolled into HELIOS since the programme first started being implemented (2019) and up to January 2024. Of those, 2,522 were reported as having enrolled into the programme during 2023. In what specifically concerns the programme’s rental subsidies, between 2019 and January 2024, a total of 23,384 individuals were able to benefit from the programme’s specific component, 2,983 of whom were reported as receiving the rental subsidy in January 2024.[4]
As it arises from this data, out of the total number of those enrolled to Helios since 2019, roughly only 52% were able to benefit from the programme’s housing subsidies up to January 2024. To be noted, amongst the total Helios beneficiaries, 14.1% (roughly 6,380) have been or are beneficiaries of temporary protection[5]. As of the end of February 2024, 45,688 beneficiaries of international and temporary protection had been registered in the HELIOS programme since its launch. 14% of the total enrolments still concern Ukrainian nationals covered by temporary protection.[6] Therefore, the number of beneficiaries of international protection who have benefited or continue to benefit from this type of support (rental subsidy), is probably even lower. In turn, this seems to further highlight ongoing challenges, which have been noted on several occasions by beneficiaries supported by GCR as well, with respect to the ability of beneficiaries of international protection to access this type of support, amongst others, on account of established eligibility criteria.
Specifically, eligibility for enrolment into HELIOS is subject to the following criteria:
- recognition as a refugee or beneficiary of subsidiary protection after 1 January 2018; and
- official registration and residence in the reception system, e., in camps such as Reception and Identification Centres (RIC), Closed Controlled Access Centres (CCAC) or Controlled Temporary Reception Facilities (CTRF), or official municipality shelters or other housing programmes e.g., for victims of trafficking, or a pre-removal detention centre at the time of notification of a positive decision on their asylum claim.[7]
Beneficiaries also need to enrol into the programme within twelve (12) months from the time they have been notified of their positive asylum decision –subject to the duration of the programme– and, in order to be eligible for the rental subsidy, they also need to first hold a lease agreement in their name,[8] which, in practice, inter alia requires for them to be able to pay at least 1-2 months of rent in advance as a guarantee. As noted by one of GCR’s social workers in Thessaloniki: “The feedback we receive from the people is that they lack the money to pay the initial rent that is required to be able to access the programme’s [rent] subsidy. This is always an inhibiting factor [they encounter] to be able to choose Helios”.[9]
The Ministry of Migration and Asylum operates a Help Deck for Social Integration, which provides information about the Helios project and the Migrant Integration Centers (see below). However, the answers are sent only in Greek or English.[10]
As it is clear from the above, thousands of beneficiaries of interational protection face risks of homelessness due to the strict eligibility criteria of HELIOS program, which, in most cases, they cannot meet. Even those who are successfully enrolled into HELIOS program, are at risk of homelessness after a maximum of one year, when the rental subsidies stop.
There is limited accommodation for homeless people in Greece and no shelters are dedicated to recognised refugees or beneficiaries of subsidiary protection. There is no provision for financial support for living costs. In Athens, for example, there are only three shelters for homeless people, including Greek citizens and third-country nationals lawfully on the territory. At these shelters, beneficiaries of international protection can apply for accommodation, but it is extremely difficult to be admitted given that these shelters are always overcrowded and have a long waiting list since they are constantly receiving new applications for housing. For example, Multi-Purpose Centre of the Centre for Reception and Solidarity of Athens Municipality (KYADA) only accepts Greek or English speakers due to a lack of interpretation services and does not admit families.[11] Over 20,000 beneficiaries who had previously been included in the programme have stopped receiving rental subsidies, since the number of households currently benefitting from HELIOS subsidies is 1,612, corresponding to 2,961 persons.[12]
According to GCR’s experience, those in need of shelter who lack the financial resources to rent a house remain homeless or reside in abandoned houses or overcrowded apartments, which are on many occasions sublet. This is confirmed by the recent study of Immigration Policy Lab, ETH Zurich, and UCL, commissioned by UNHCR, according to which 44% of refugees are homeless.[13]
Return of beneficiaries of international protection to Greece
According to Article 6 of the European Returns Directive (2008/115/EC), third country nationals who have been granted international protection status in Greece can be returned back to Greece when the authorities of another EU country become aware that this person, who is applying again for asylum in their territory, already holds a residence permit in Greece.
In the last period, Dublin returns were completely halted due to the refusal of the Greek state to take back Dublin returnees. In 2022, only a few European member states requested returns based on Dublin to Greece (take back requests 2022: Germany 8.737, Croatia 1.268, Belgium 445, Italy 374 and Sweden 144).[14]
Upon arrival at Athens International Airport, returnees – beneficiaries of international protection – are provided only with a police note (υπηρεσιακό σημειωμα) written in Greek, directing them to the Asylum Service. They have no information on how to renew or re-issue their residence permits (ADETs) and their travel documents. As explained above, they do not have access to any social right in practice (social welfare, employment, health care, housing[15]), since, in the majority of cases, they do not hold valid identification documents.
As reported by EMN, persons with international protection status returning to Greece will, with considerable probability, not be able to meet their most basic needs there. They will struggle to earn their living independently for a long period of time, and due to a lack of State and other aid, there is a serious risk that they will find themselves in a situation of extreme material need and, in particular, will not be able to afford decent accommodation or be offered some form of reception.[16]
Several courts in countries such as Germany, the Netherlands and Belgium have halted returns of beneficiaries of international protection to Greece.[17] However, it has been observed that Germany, Belgium, Switzerland and Sweden returned beneficiaries of international protection to Greece in 2022.[18]
In the first six months of 2022, Greece received 596 readmission requests for a total of 1,071 beneficiaries. 96 persons were returned through readmission procedures, including 35 from Sweden, 14 from Finland and 10 from France.[19]
Whereas countries such as Germany or the Netherlands have adopted policies opposing deportations of beneficiaries of international protection to Greece apart from exceptional cases, European states still pursue returns of recognised refugees to Greece on the ground that they can enjoy the rights attached to their granted status. Specifically, 158 beneficiaries were returned from Germany to Greece in 2023.[20]
It is highlighted that on the 6th of March 2023, the ECtHR published Application no 2633/23. J.G. v. Switzerland. The case concerns an Afghan national who was granted international protection in Greece as a minor and subsequently had to leave the provided accommodation, which caused homelessness. The lack of support by the authorities forced him to beg for food and water and as a result he became a victim of violence. The applicant moved to Switzerland where his asylum application was rejected and return to Greece was ordered. The applicant argues that his return would constitute a violation of Article 3 ECHR as he experienced traumatic events in Greece causing psychological problems and a risk of suicide. Furthermore, he is unlikely to have access to accommodation, medical care, work or assistance upon return to Greece.[21]
Refugees with a social security number, a tax ID number and, more importantly, those who have opened a bank account are more likely to want to stay in Greece than those who do not have access to these services. For example, 61% of refugees who did not intend to move from Greece already had a Greek bank account, compared with 38% of refugees who intended to move on. As discussed previously, this is not necessarily a causal relationship; we only find a correlation between reported access to the service and onward movement intentions.[22]
[1] Intersos Hellas, Being Hungry in Europe, An analysis of the food insecurity experienced by refugees, asylum seekers, migrants and undocumented people in Greece, available at: https://bit.ly/44hEAEe, p. 22.
[2] As per updates received during the 22 February National Protection Working Group, which is organised and chaired by UNHCR and co-chaired by GCR.
[3] General Secretariat for Migration Policy, Περίληψη 9ης Τροποποίησης της Προγραμματικής Συμφωνίας μεταξύ του Υπουργείου Μετανάστευσης και Ασύλου και του Διεθνούς Οργανισμού Μετανάστευσης για την υλοποίηση του Προγράμματος “HELIOS”, 39917/2024, 2 February 2024, available in Greek at: https://bit.ly/3VuObDN.
[4] IOM, HELIOS Factsheet, 31 January 2024, available at: https://bit.ly/3y1IvZK.
[5] Ibid.
[6] RSA and Stiftung Pro Asyl, Beneficiaries of international protection in Greece, Access to documents and socio-economic rights, March 2024, available at: https://bit.ly/3Vy9DYJ, p. 22.
[7] RSA and Stiftung Pro Asyl, Beneficiaries of international protection in Greece, Access to documents and socio-economic rights, March 2024, available at: https://bit.ly/3Vy9DYJ, pp 21-22.
[8] IOM, HELIOS Project Regulations Handbook, February 2023, available at: https://bit.ly/3UeKvFv, pps. 3-4.
[9] Intersos Hellas, HIAS Greece & GCR, Being Hungry in Europe, An analysis of the food insecurity experienced by refugees, asylum seekers, migrants and undocumented people in Greece, May 2023, available at: https://bit.ly/3KT41TT, p. 22.
[10] Ministry of Migration and Asylum, Help Desk for Social Integration, available at: https://bit.ly/44jnF45.
[11] RSA and Stiftung Pro Asyl, Beneficiaries of international protection in Greece, Access to documents and socio-economic rights, March 2023, available at: https://bit.ly/3Vy9DYJ, p. 25.
[12] RSA and Stiftung Pro Asyl, Beneficiaries of international protection in Greece, Access to documents and socio-economic rights, March 2024, available at: https://bit.ly/3Vy9DYJ, p. 22.
[13] ETH Zürich, ipl – immigration policy lab, UCL et al. (Author), published by ReliefWeb: Home for Good? Obstacles and Opportunities for Refugees and Asylum Seekers in Greece, December 2023, available at: https://bit.ly/3UCwSl7.
[14] w2eu.info, Forced returns back to Greece, January 2024, available at: https://bit.ly/3xWyT2E.
[15] Since, in practice, they are unable to even rent a house legally without valid residence permits and travel documents.
[16] European Migration Network (EMN), Secondary movements of beneficiaries of international protection, September 2022, available at: https://bit.ly/44ePR8p, p. 9.
[17] For further information see the 2022 updates of the respective country reports at: https://bit.ly/3OFfA4i. (Germany) Higher Administrative Court of North-Rhine Westphalia, Decision 11 A 1564/20.A, 21 January 2021, available in German at: https://bit.ly/3WCfeNM; Higher Administrative Court of Lower Saxony, 10 LB 245/20, 19 April 2021; Higher Administrative Court of Bremen, 1 LB 371/21, 16 November 2021, available in German at: https://bit.ly/3BWabhG; (Netherlands) Council of State, 202005934/1/V3, 28 July 2021, available in Dutch at: https://bit.ly/45I7aiH; (Belgium) Council of Alien Law Litigation, 259 385, 13 August 2021; Decision 261 291, 28 September 2021, available in Dutch at: https://bit.ly/45t5CZD.
[18] See case studies of readmitted status holders to Greece at RSA and Stiftung Pro Asyl, Beneficiaries of international protection in Greece, Access to documents and socio-economic rights, March 2023, available at: https://bit.ly/3Vy9DYJ, p. 4-5.
[19] RSA and Stiftung Pro Asyl, Beneficiaries of international protection in Greece, Access to documents and socio-economic rights, March 2023, available at: https://bit.ly/3Vy9DYJ, p. 3.
[20] RSA and Stiftung Pro Asyl, Beneficiaries of international protection in Greece, Access to documents and socio-economic rights, March 2024, available at: https://bit.ly/3Vy9DYJ, p. 4.
[21] See European Legal Network on Asylum (ELENA), ECtHR communicated case: Compatibility of return from Switzerland to Greece with Article 3, 6 March 2023, available at: https://bit.ly/3QlsbcL.
[22] ETH Zürich, ipl – immigration policy lab, UCL et al. (Author), published by ReliefWeb: Home for Good? Obstacles and Opportunities for Refugees and Asylum Seekers in Greece, December 2023, available at: https://bit.ly/3UCwSl7.