Accelerated Procedure
Greece has both an accelerated procedure for applicants deemed to be economic
migrants and a normal procedure. However, it appears that the large majority of asylum
cases are pushed into the accelerated procedure.237
Accelerated claims are supposed to be decided at the first instance within one month of
the application being filed, whereas the normal procedure allows for a decision in three
months.238 Applicants at borders, transit zones or ports, and airports whose cases are
denied in the accelerated procedure have eight days to appeal a negative decision,239
whereas applicants in the normal procedure have 30 days to appeal.240 Greek refugee
law provides not only that all asylum applications “submitted at the border or the transit
zones of ports or airports of the country”241 shall be in the accelerated procedure, but
also applications of asylum seekers who “entered the country unlawfully or prolonged
his/her stay unlawfully and, without good reason, has either not presented
himself/herself to the authorities and/or filed an asylum application as soon as possible,
given the circumstances of his/her entry.”242 This sets up a damned if you do/damned if
you don’t scenario in which applicants are put in the accelerated procedure if they apply
immediately upon entering the country or if they don’t. Other reasons, in law, for placing
an asylum seeker in the accelerated procedure is if the claim is “manifestly unfounded”
or if the applicant comes from a safe country of origin or safe third country.243
“Manifestly unfounded” cases appear to be less than manifest in their unfoundedness.
Efthalia Pappa of the Greek Ecumenical Refugee Program told Human Rights Watch how
a lawyer from her organization went to the asylum interview with an unaccompanied
child from Eritrea who was a torture survivor. “This boy had the capacity to tell how he
had been tortured,” she said. “Because a lawyer was present, the police officer was
237
Human Rights Watch interview with Tsarbopoulos and Stefanaki, UNHCR-Athens, May 22, 2008. Note also that
unaccompanied children are an exception and are not placed in the accelerated procedure.
238
Presidential Decree 90/2008, Article 25.2.a for the one-month time limit on first-instance decisions in the accelerated
procedure.
239
Presidential Decree 90/2008, Article 25.1.c.
240
Presidential Decree 90/2008, Article 25.1.a.
241
Presidential Decree90/2008, Article 24.1
242
Presidential Decree90/2008, Article 17.3.k
243
Presidential Decree 90/2008, Article 17.3.
Stuck in a Revolving Door
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