Author
Article 24 Asylum Code and Joint Ministerial Decision 10302/2020,[1] regulate the procedures for the issuance of travel documents for beneficiaries of international protection.
Recognised refugees, upon a request submitted to the competent authority,[2] are entitled to a travel document (titre de voyage),[3] in accordance with the model set out in Annex to the 1951 Refugee Convention. This travel document allows beneficiaries of refugee status to travel abroad, except their country of origin, unless compelling reasons of national security or public order exist or where the person concerned is subject of proceedings for suspension, exclusion, revocation or cancellation of the status granted.[4] The abovementioned travel document is issued by the competent Passport Directorate of the Hellenic Police,[5] subject to a fee of approximately 84 € for the adults and 73 € for the minors. These travel documents are valid for 5 years for adults, as well as for children over 14 years old, and 3 years for children under 14 years oldand can be renewed.[6]
The same applies to beneficiaries of subsidiary protection or family members of beneficiaries of international protection, if they are unable to obtain a national passport, unless compelling reasons of national security or public order exist.[7] In practice, beneficiaries of subsidiary protection must submit to the Greek authorities a verification from the diplomatic authorities of their country of origin, certifying their inability to obtain a national passport. This prerequisite is extremely onerous, as beneficiaries of subsidiary protection may also fear persecution or ill-treatment from their country of origin. Furthermore, the issuance of this verification is at the discretion of the diplomatic authorities of their country of origin and depends on the policy of each country. The travel documents issued for beneficiaries of subsidiary protection are valid for 3 years and can be renewed.[8]
JMD 10302/2020 provides that the Passport Directorates of the Hellenic Police are the only competent authority for the issuance of travel documents.[9] In practice, after their recognition, beneficiaries of international protection must scan all the required documents (including the electronic administrative fee) and send them by email to the competent Alien’s Directorate in order to book an appointment for the submission of their applications in person. Travel documents are issued by the Passport Offices of the Hellenic Police. Beneficiaries of international protection are required to book an appointment, similar to the one for their residence permit (ADET). In case of travel documents, however, the payment of a fee is a prerequisite to obtaining such an appointment.[10] After the travel document is issued, they must regularly check the website of the Asylum Service for their scheduled deliverance appointment.[11] If they miss that appointment, they must book another one through the electronic platform of the Ministry of Migration and Asylum, which may be scheduled months after the missed one. Travel documents may only be collected at the RAOs of Attica, Thessaloniki and Crete. This means that beneficiaries of international protection on the islands have to travel either to Athens or to Thessaloniki to collect their document.[12]
The same Ministerial Decision regulates the issuance of travel documents for children accompanied by one of their parents who de facto exercises on his/her own the sole custody of the child, but does not possess documents establishing the sole custodyof the child (e.g., divorce, court order on sole custody, death certificate). More precisely travel documents for childrencan be issued upon submission to the competent Passport Office of a declaration on oath before the District Court or a Notary[13] when the following conditions are met:
- The child is granted refugee status and is present in Greece with one of his/her parent;
- this parent is also exercising the sole custody due to facts or legal acts that have occuredin the country of origin (e.g., death of a spouse. divorce), and
- this parent does not possess documents proving that he/she is exclusively exercising the sole custody.
However, Article 1(6) of JMD 10302/2020 does not apply to cases where the parent is exercising the sole l custody due to facts or legal acts that have occurred in a country other than the country of their origin. In this case, if no supporting documents can be provided, travel documents for children can be granted only by a court order pursuant to which the sole custody is assigned to the single parent.[14] The waiting period for the initial issuance of travel documents is not lengthy as it used to be before, as far as GCR is aware.
As regards the renewal of travel documents, beneficiaries of international protection have to follow a five-step procedure. In particular, the beneficiary: 1) submits a renewal application and a photo via email to the Asylum Service 2) sends to the Asylum Service a signed solemn declaration with a certified signature stating that he/she has not been convicted of several offences restrictively mentioned in the JMD 10302/2020 (see below) 3) the Asylum Service sends to the beneficiary’s personal email the reply to his/her application, 4) the beneficiary submits supporting documents to the competent Passport Office of the Police or the Passport Office of the Aliens Directorate and 5) the beneficiary receives his/her travel document from the competent Regional Asylum Office.[15]
The first step of the procedure often causes problems to beneficiaries of international protection who are technologically illiterate, as they have to fill in the application form electronically and send it correctly via their personal email. GCR observes that many beneficiaries of international protection, despite knowing how to use social media applications, do not know how to use an email properly and often do not even know if they have an email address. Thus, in many cases, beneficiaries seek assistance, often paying huge fees, in various photocopying centres in the centre of Athens or accounting offices, which, in many cases, do not send correctly said renewal applications.
The second step of this procedure is also vital for the travel document renewal procedure since “A travel document shall not be granted to a person who: a) has been convicted by final decision for forgery, forgery of certificates, embezzlement of documents, false deposition without oath or false declaration (articles 216, 217, 222 and 225 of the Criminal Code and article 22(6) L 1599/1986) where commission is related to the issuance, use, loss or theft of a passport, an identification document or any other document that may be used as a travel document or for criminal organisation, terrorist acts, abduction, slave trade, trafficking in human beings, child abduction, involuntary kidnapping, trafficking (articles 187, 187A, 322, 323, 323A, 324, 327, 351 of the Criminal Code) as well as the offences of Article 29(5), (6) and (7) and of Article 30(1) and (2) of [the Immigration Code]. The prohibition shall apply from the final convicting judgment for five years (5) as regards commission of the above misdemeanours and for ten (10) years as regards commission of a felony respectively, on condition that the sentence imposed has been commuted; b) has been the subject of a criminal charge for a felony or an offence of point (a) for the duration of proceedings…”.[16] The aforementioned condition also applies to the initial issuance of travel documents.
During the travel document renewal procedure, beneficiaries of international protection are asked to submit a solemn declaration pursuant to which they certify that they have not committed any of the above-mentioned criminal offences. This stage is vital because beneficiaries of international protection who have been convicted of travel document-related offences cannot renew or have travel documents issued. In addition, any false statements made in the solemn declaration constitutes a criminal offence.[17]
Decisions of RAO and AAU refusing the grant of a travel document may be appealed before the Director of the Asylum Service who takes a decision based on a recommendation of a three-member panel.[18]
All renewal applications are being processed by the Asylum Unit of International Protection of Beneficiaries (Αυτοτελές Κλιμάκιο Ασύλου Δικαιούχων Διεθνούς Προστασίας), which is extremely understaffed, as mentioned in the letter of Director of the Asylum Service dated 16.02.2024 (prot. no. 58515) in response to an intervention by 16 Non – Governmental Organisations of the Legal Working Group.[19] Specifically, according to the aforementioned letter, only two employees are in charge of processing all the travel document renewal applications in Greece.[20] According to the National Register of Procedures, the travel document renewal procedure may last up to two months.[21] However, according to GCR knowledge, the procedure lasts approximately four months.
Contrary to the above, the beneficiaries of international protection for whom the competent authority is the Headquarters of the Hellenic Police,[22] have to appear in person before the competent Aliens Directorate for the renewal of their travel documents in order to submit their renewal application. GCR has noticed that, despite the provisions of JMD 10302/2020 for beneficiaries of subsidiary protection, according to which travel documents are valid for three years, the travel documents of beneficiaries of subsidiary protection are renewed for two years.
The Headquarters of the Hellenic Police, in response to GCR’s request, provided, among others, data on the renewal and initial issuance of travel documents. In particular, during 2023, in total 20.332 travel documents were issued and renewed by the Headquarters of the Hellenic Police.[23]
Moreover, according to a survey conducted by UNHCR from 01.02.2022 until 14.03.2024, 487 (48%) beneficiaries of international protection had received their travel documents, while 340 (33%) were waiting for their travel documents.[24]
It must be stressed that travel documents are a prerequisite for opening a bank account in Greece, as banks do not accept ADET as valid identification documents for beneficiaries of international protection who wish to open a bank account. Possession of a travel document is also needed for access to employment, since the Unified Social Security Fund (Ενιαίος Φορέας Κοινωνικής Ασφάλισης, EFKA) does not accept ADET as a valid documentation.[25]
The issue of the link between possession of travel documents and the ability to open a bank account was already highlighted in a survey conducted by UNHCR from July 2022 – June 2023 with 424 beneficiaries of international protection. 43% of those interviewed reported that they had travel documents and only 42% had bank accounts.[26]
[1] Joint Ministerial Decision 10302/2020, Gov. Gazette B; 2036/30.05.2020, available in Greek at: https://bit.ly/2P71hc8.
[2] The territorially competent Aliens Police Directorate of the Hellenic Police is responsible for the submission of travel document applications and service of travel documents to the recognised refugees who have applied for international protection before the start of Asylum Service’s operation. The territorially competent Passport Offices of the Hellenic Police are responsible for the submission of travel document applications of the recognised refugees who have applied/apply for international protection after the operation of the Asylum Service. However, the competent authority for the service of these travel documents is the Asylum Service.
[3] Article 24 Asylum Code.
[4] Article 24(1) Asylum Code.
[5] Article 24(2) Asylum Code.
[6] Article 6(1) JMD 10302/2020 (in force since 30.05.2020).
[7] Article 24(3) Asylum Code.
[8] Article 6(2) JMD 10302/2020.
[9] Article 3 JMD 10302.
[10] 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/3xsmCTB, p. 18.
[11] MoMA, Travel documents, available at: https://bit.ly/2Pd4kQe.
[12] RSA and Stiftung Pro Asyl, Beneficiaries of international protection in Greece: Access to documents and socio-economic rights, March 2022, available at: https://bit.ly/3lRUB1C para. 33.
[13] Article 1(5) JMD 10302/2020.
[14] Articles 1(6) and 1(7) JMD 10302/2020.
[15] Ministry of Migration and Asylum, How to renew your travel documents, available at: https://bit.ly/3UyZTOl.
[16] 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/45y1CY1, p. 16 see also Art. 1(2) JMD 10302/2020.
[17] Article 8 L.1599/1986 “Whoever knowingly states false facts or denies or conceals the true facts with a written solemn declaration of Article 8 shall be punished with imprisonment of at least three months. If the person responsible for these acts intended to obtain pecuniary advantage harming others or intended to harm others, is punishable by imprisonment of up to 10 years.”
[18] 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. 18 . See also Art. 4(3) JMD 10302/2020.
[19] Letter of Director of the Asylum Service, Renewal of identity documents of beneficiaries of international protection, prot. no. 58515/16.02.2024.
[20] Ibid.
[21] National Register of Procedures, Travel Documents Renewal for Beneficiaries of International Protection available in Greek at: https://tinyurl.com/28w6h893.
[22] Headquarters of the Hellenic Police is the competent authority for beneficiaries of international protection who have applied for international protection before the Asylum Service started its operation.
[23] Reply of Headquarters of the Hellenic Police, Statistics – AIDA REPORT on GREECE 2020, prot. no.: 1016/125-300109, 16 February 2024.
[24] UNHCR, Greece Inter-Agency Protection Monitoring of refugees in Greece, Key Findings, 01.02.2022 – 14.03.2024, available at: https://bit.ly/43dZsuK.
[25] 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. 17. See also 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. 16.
[26] UNHCR, Key Findings: July 2022 – June 2023, Protection Monitoring of Refugees in Greece, August 2023, available at: https://bit.ly/4dgyE2l.