Reduction or withdrawal of reception conditions

Greece

Country Report: Reduction or withdrawal of reception conditions Last updated: 10/06/21

Author

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Reception conditions may be reduced or withdrawn, following a decision of the competent reception authority, where applicants:[1]

  1. If provided with housing, abandon the accommodation to which they have been referred, without informing the competent administration or without permission or abandon the place of residence determined by the competent authority without permission;
  2. Do not comply with reporting duties or do not respond to requests for information or do not attend, in the process of the examination of their application for international protection, to a personal interview within the deadline set by the receiving and examining authorities;
  3. Have lodged a Subsequent Application;
  4. Have concealed their resources and illegitimately takes advantage of material reception conditions; or
  5. Have seriously breached the house rules of the reception centre, in particular by demonstrating violent behaviour, in which case the competent police authority is also notified, in order to ascertain whether detention should be applied, on grounds of national security or public order or due to a risk of absconding.

Moreover, material reception conditions may be reduced, in cases where the competent reception authority can establish that the applicant, for no justifiable reason, has not lodged an application for international protection as soon as reasonably practicable after arrival on the Greek territory.[2]

In order for material reception conditions to be reduced and/or withdrawn, the RIS or the Directorate for the Protection of Asylum Seekers need to take a justified decision following an individualised and objective assessment, which takes into account the applicant’s vulnerability. The decision to reduce or withdraw material reception conditions cannot concern the applicant’s access to medical care and cannot result in making it impossible for them to access the basic means for ensuring a decent standard of living.[3]

The procedure is laid down in the General Regulation of Reception Facilities under the responsibility of the RIS (Γενικός Κανονισμός Λειτουργίας Δομών Φιλοξενίας υπηκόων τρίτων χωρών που λειτουργούν με μέριμνα της Υπηρεσίας Πρώτης Υποδοχής) and the General Regulation for the Operation of Reception and Identification Centres and Mobile Reception and Identification Units (Γενικός Κανονισμός Λειτουργίας Κέντρων Υποδοχής και Ταυτοποίησης και Κινητών Μονάδων Υποδοχής και Ταυτοποίησης) and foresees: (a) an oral recommendation; followed by (b) a written warning; followed by (c) a withdrawal decision.[4]

Between June and December 2020, reception conditions were withdrawn in the case of 4,957 beneficiaries that were accommodated in camps (2,924) and the ESTIA accommodation scheme (2,033), following recognition of their status or after receiving a second instance negative decision. Relevant data for the period of January-May or on potential decisions reducing and/or withdrawing material reception conditions on the basis of article 57 IPA remain unavailable.

 

[1]   Article 57(1), (3) and (4) IPA).

[2]  Article 57(2) IPA), which provides that “The competent reception

Authority shall reduce material reception conditions when it ascertains that the applicant has without justifiable cause not applied for international protection as soon as possible after their arrival in the Greek territory”).

[3]  Article 57(5) IPA.

[4] Article 18B(2) Ministerial Decision 11.1/6343/25-11-2014, Gov. Gazette, 3295/Β/09.12.2014 and article 10(1) Joint Ministerial Decision 1/7433/10-6-2019, Gov. Gazette 2219/B/10.6.2019.

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