6.4. Legal assistance Indicators: Accelerated Procedure: Legal Assistance Same as regular procedure 1. Do asylum applicants have access to free legal assistance at first instance in practice? Yes With difficulty No ❖ Does free legal assistance cover: Representation in interview Legal advice 2. Do asylum applicants have access to free legal assistance on appeal against a decision in practice? Yes With difficulty No ❖ Does free legal assistance cover Representation in courts Legal advice The same legal provisions and practice apply to both the regular and the accelerated procedure (see Regular Procedure: Legal Assistance). 7. National protection statuses and return procedure 7.1. National forms of protection There is no specific national protection status in Greece for persons entering the Greek territory without a valid visa. However, under strict conditions, Law 5038/2023 provides for certain residence permits that may be granted to persons residing irregularly in Greece. These permits are intended for narrowly defined vulnerable groups with specific needs and are regulated primarily under Article 134 of Law 5038/2023. Article 134(1) establishes the possibility of granting residence permits on humanitarian grounds to spouses of Greek nationals in cases of separation of cohabitation, to individuals recognised for acts of social goodwill, to victims of labour accidents, victims of domestic violence, victims of crimes with racist characteristics, as well as victims of criminal acts. Paragraph 134(2a) provides for residence permits for victims of human trafficking, whereas paragraph 134(2b) concerns victims of abusive labor conditions. The protection of minors is addressed in paragraph 134(4a αα) for minors incapable of managing their affairs, paragraph 134(4a αγ) for minors placed in foster families, paragraph 134(4a αβ) for minors under guardianship, and paragraph 134(4b) for minors residing in institutions. Furthermore, paragraph 134(1) extends to persons undergoing therapeutic programs for mental dependency. The residence permit for extraordinary reasons, which was previously regulated under Article 134(5) of Law 5038/2023 and available to individuals residing irregularly in Greece for over seven years, was abolished by Article 29 of the recent legislative draft (σχέδιο νόμου),646 except for applicants who are parents of Greek citizens. This permit was not available for recent arrivals and thus did not serve as a legalisation mechanism for newly entered irregular migrants. Thus, the current legal framework reflects a restrictive but focused approach, whereby residence permits without a valid visa are granted only to narrowly defined groups under specific humanitarian or exceptional conditions as provided in Article 134 of Law 5038/2023. 7.2. Return procedure Pursuant to Article 87(8) of Law 4939/2022, “the decision rejecting the application for international protection shall also order the return of the applicant, in accordance with the provisions of Law 3907/2011 or Law 3386/2005, as applicable”. 646 17 July 2025, available at: https://www.opengov.gr/immigration/?p=1844. 143

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