identification procedure and contains provisions on the conduct of screening both at
the borders and on the territory of Member States.9
This report documents the legal and administrative issues pertaining to the new uniform
registration procedure and to asylum seekers’ access to their rights following the launch
of the new mainland RIC, through the lens of eleven recent cases of asylum seekers
supported by Refugee Support Aegean (RSA) in the Attica region, covered by the RIC
of Malakasa. It analyses obstacles to the making of asylum applications, the regime
applicable in the RIC and the conduct of reception and identification procedures and
lodging of asylum applications therein.
Barriers to “making” asylum applications on the mainland
Access to the asylum procedure comprises of three discrete stages according to
legislation in force:10
1. “Making” of the asylum application, i.e. expression of the person’s intention to
receive international protection status;
2. “Registration” of the application by the competent authorities within a set
deadline. Greek law transposes the concept as “simple registration” or “partial
registration”;11
3. “Lodging” of the application upon submission of a form by the applicant to the
competent authorities. Greek law transposes the concept as “full
registration”.12
The status of “applicant for international protection” and corollary rights to remain on
Greek territory and to access reception conditions are acquired upon the “making” of
the asylum application, in line with core principles of international, EU and national
law.13 The “making” of a claim consists in the written or oral expression of the person’s
intention to seek international protection and “entails no administrative formalities”,14
whether it is addressed to the competent authority or not.
The Greek Ombudsman recalls that “the law lays down short deadlines for the
registration of the application and for the grant of documents attesting its lodging,
even where lodging cannot be fully conducted. The intention of the legislature is to
ensure partial registration and the grant of a document with the details and a
9
10
11
12
13
14
Regulation] – mandate for negotiations with the European Parliament, 10585/22, 22 June
2022.
See further RSA et al., The Workings of the Screening Regulation, January 2021, available
at: https://bit.ly/3WIppP8; RSA, Comments on the Commission proposal for a Regulation
introducing screening at the external borders, October 2020, available at:
https://bit.ly/3jSUBO7.
Article 6 Asylum Procedures Directive.
Article 69(2) Asylum Code.
Article 69(1) Asylum Code.
Articles 2(c) and 9(1) Asylum Procedures Directive; Articles 2(b) and 17(1) Reception
Conditions Directive; Article 1(c), 59(1), 69(8) and 73(1) Asylum Code; Administrative Court
of Athens, Decision AP971/2021, 24 May 2021, para 4; Administrative Court of Piraeus,
Decision AP245/2021, 18 June 2021, para 4; Decision AP74/2021, 25 February 2021, para 4.
CJEU, C-72/22 PPU MA, 30 June 2022, para 80; C-808/18 Commission v Hungary, 17
December 2020, para 97; C-36/20 VL v Ministerio Fiscal, 25 June 2020, paras 93-94.
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RSA REPORT │ 2023