Criteria and restrictions to access reception conditions

Greece

Country Report: Criteria and restrictions to access reception conditions Last updated: 30/05/22

Author

Greek Council for Refugees Visit Website

Article 55(1) IPA provides that the competent authority for the reception of asylum seekers in cooperation with competent government agencies, international organisations and certified social actors shall ensure the provision of reception conditions. These conditions must “secure an adequate standard of living for asylum seekers that ensures their subsistence and protects their physical and mental health, based on the respect of human dignity”. As per the same article, the same standard of living is guaranteed for asylum seekers in detention. Special care is provided for those with special reception needs.[1]

Asylum seekers are entitled to reception conditions from the time they submit an asylum application and throughout the asylum procedure. In case of status recognition, reception conditions are terminated (with a few exceptions) 30 days after having been granted a positive decision. In the specific case of UAM, this time limit starts counting from the time they reach adulthood.[2] Delays in accessing reception continued to be reported in 2021, on account of chronic delays in accessing asylum on the mainland, via the skype registration system.[3]

The law also foresees that the provision of all or part of the material reception conditions depends on asylum seekers’ lack of employment or lack of sufficient resources to maintain an adequate standard of living that is sufficient to safeguard their health and sustenance.[4] The latter is examined in connection with the financial criteria set for eligibility for the Social Solidarity Benefit (Κοινωνικό Επίδομα Αλληλεγγύης, KEA),[5] which was renamed to Minimum Guaranteed Income (Ελάχιστο Εγγυημένο Εισόδημα) in 2020.[6] The law also provides that reception conditions can be reduced or withdrawn following an individual and justified decision by the competent reception authority, based on the full set of grounds provided under article 20 of the Reception Directive, including if it is established that the applicant has concealed his or her financial means or if they have lodged a subsequent asylum application.[7]

 

 

 

[1] Article 55(1) IPA, which maintains the same standards, transposing article 17 (2) of the (recast) Reception Directive.

[2] Article 114 L 4636/2019, as amended by article 111 L. 4674/2020 and article 5 of relevant JMD 13348, Gov Gazette 1190/B/7-4-2020.

[3] For more on the skype system, see MIT, Lives on Hold: Access to Asylum on Mainland Greece, Crete and Rhodes, November 2021, available at: https://bit.ly/3JOqBe2.

[4] Article 55(3) IPA.

[5] Article 235 L 4389/2016.

[6] Article 29 L. 4659/2020.

[7] Article 57 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