According to Article 88(3) Asylum Code, an asylum application should be examined “the soonest possible”
and, in any case, within six months of lodging, in the context of the regular procedure. This time limit may
be extended for a period not exceeding three months, in cases where a large number of third-country
nationals or stateless persons simultaneously apply for international protection. In any event, as per the
same article, the examination of the application should not exceed 21 months.
Where no decision is issued within the maximum time limit fixed in each case, the asylum applicant has
the right to request information from the Asylum Service on the timeframe within which a decision is
expected to be issued. As expressly foreseen in the Asylum Code, ‘this does not establish an obligation
on the part of the Asylum Service to issue a decision within a specific deadline’.350
Applicants who are recognised as refugees are given only an excerpt of the relevant decision, which does
not include the decision’s reasoning. According to the Asylum Code, in order for the entire decision to be
delivered to the individual recognised as a beneficiary of international protection, a special legitimate
interest (ειδικό έννομο συμφέρον) must be proven.351
Duration of procedures
The extent to which delays in the procedure observed in the previous years are still pertinent in 2025 is
not possible to assess, as data on the duration of the procedure at first instance is not published by the
MoMA, nor was it provided following GCR’s relevant request for information.
That being said, ongoing delays of months and in some cases of even more than a year in the conduct of
asylum interviews on account of gaps in the provision of interpretations services were reported in
Malakasa RIC and Ritsona camp as well as most Regional Asylum Offices and Asylum Units in mainland
Greece in 2024 and 2025. The same gaps also impacted on applicants’ ability to communicate their needs
with the camp’s and the asylum service’s staff.352
1.2.
Prioritised examination and fast-track processing
The Asylum Code sets out two forms of prioritised examination of asylum applications.
Firstly, the Asylum Service shall process “by way of absolute priority”, claims concerning:
(a) Applicants undergoing reception and identification procedures who do not comply with an order
to be transferred to another reception facility, if their non-compliance hinders the smooth
completion of the examination procedure;353
(b) Applicants who are detained.354
In accordance with Articles 46(c) and 50(8) Asylum Code, processing by way of “absolute priority” means
the examination procedure needs to be concluded within 20 days, albeit Articles 42(γα) and 88(7) Asylum
Code, both of which cite the preceding articles, mention a 15-day deadline for the same purpose,
highlighting an inconsistency in the law.
Secondly, the law provides that an application may be registered and examined by way of priority for
persons who:355
350
351
352
353
354
355
Article 88(6) Asylum Code.
Article 74(6) Asylum Code.
RSA, Huge deficiencies in the provision of interpretation services in Greece, Asylum interviews are no longer
even being conducted, 5 November 2024, available here. See also: Civil Society Organizations Open Letter
to the Minister of Migration and Asylum and the Minister of Health, Put an end to the disruption of interpretation
services still undermining asylum seekers’ rights in Greece, 1 November 2024, available here.
Article 46(c) Asylum Code
Article 50 (8) Asylum Code.
Articles 38(2) and 88(7) Asylum Code.
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