Coping with a fundamental rights emergency – The situation of people crossing the Greek border in an irregular manner Solutions for non‐refugees A considerable number of undocumented persons are living in the urban centres of the country. According to the Clandestino Research Project on the size and development of irregular migration to the EU, the number of irregular migrants in Greece was estimated between 172,000 to 209,000 in 2008.60 With the limited support provided by the Greek authorities to asylum seekers and the non‐functioning asylum procedures, it has been difficult to distinguish irregular migrants from persons seeking or in need of international protection. In some parts of the country asylum seekers and irregular migrants shared the same resources and have increasingly been seen as a threat to public order and security by the local population, leading to a rise in xenophobia and in some cases to violent outbursts.61 With the implementation of the new asylum system it is expected that obstacles to access asylum procedures will gradually be removed and that recognition rates in Greece will be aligned to those of other EU Member States. This will lead to a larger number of persons being recognised as being in need of international protection. As an illustration, among applicants pending a first instance decision as of December 2010, some 1,700 Afghans (compared to 15 persons in January‐September 2010) or some 4,380 Iraqis (as compared to 10 persons in January‐September 2010) would be recognised, if Greece were to apply an EU average recognition rate.62 In spite of the likely increase in the number of persons who will be granted refugee or subsidiary protection status, there is no doubt that a considerable number of irregular migrants coming to Greece are not in need of international protection. Several interlocutors indicated to the FRA that this is the most difficult group to deal with. Therefore, humane return procedures carried out in full respect of procedural guarantees are an important aspect, without which the asylum system loses credibility. However, Greece has only recently started to build up a system for returns, with the support of FRONTEX. The limitations of the return system are also reflected by the delayed introduction of assisting voluntary returns, and, once introduced, by allocation of limited funds to it. IOM was provided with resources under the EU Return Fund (annual programme 2009) to run a pilot Assisted 60 Clandestino Research Project, Size and development of irregular migration to the EU, Comparative Policy Brief, available at: http://irregular‐migration.hwwi.de/typo3_upload/groups/31/4.Background_Information/4.2.Policy_Briefs_EN /ComparativePolicyBrief_SizeOfIrregularMigration_Clandestino_Nov09_2.pdf. 61 On 8 October 2010, a demonstration of migrants and anti‐authoritarian groups against a fascist movement occupying the Attiki square ended in a confrontation between a group of 50 immigrants and the police. Media sources reported that the immigrants were beaten by police. Also on Attiki square, during the night of 16 October, a group of fascists attacked a Bangladeshi mini‐ market. See http://clandestinenglish.wordpress.com/2010/10/09/solidarity‐demonstration‐in‐attiki‐square‐athens/; http://w2eu.net/2010/10/20/pogrom‐attacks‐attica‐square/; http://www.occupiedlondon.org/blog/2010/10/17/397‐fascist‐ anti‐migrant‐pogroms‐continue‐at‐attica‐square‐in‐athens/; ‘The Battle for Attica Square’ on www.youtube.com/watch?v=gPl9PW7ONIQ; http://w2eu.net/2010/10/05/the‐jungle‐of‐athens/. 62 According to Eurostat monthly (rounded) data on persons subject of asylum applications pending at the end of the month, by citizenship, age and sex, in December 2010 there were some 9,000 Iraqis and 5,200 Afghan applicants pending a decision. Applying an EU average recognition rate (refugee status and subsidiary protection) of 32.8% for Afghans (calculated by summing up the total number of Geneva Convention and subsidiary protection decision for the first three quarters of 2010 – 4,595 – compared with a total of 13,980 decisions taken) and 48.7% for Iraqis (calculated by summing up the total number of Geneva Convention and subsidiary protection decision for the first three quarters of 2010 – 6,005 – compared with a total of 12,320 decisions taken), the above estimate has been produced. 41