According to UNHCR’s observations, the procedures followed in case of arrest after illegal entry in the
Evros region involve, in a large number of cases, the issuance of deportation orders, without any prior
10
assessment of the person’s individual situation . Such deportation orders are frequently accompanied
11
by detention orders. The length of the detention is largely based on the feasibility of deportation, which
itself is determined by the results of a nationality assessment, undertaken by Frontex, which are
regularly used by Greek officials as the basis for their administrative processes. People determined to
be of certain nationalities – including Iraqis, Syrians, Georgians and Iranians, among others – have
frequently been detained for extended periods. It has been observed that the nationalities with extended
detention periods may be liable to return to Turkey pursuant to the readmission agreement between
Turkey and Greece. UNHCR is aware of a number of cases of return of third country nationals from
Greece to Turkey during 2010 under the readmission agreement. It is noteworthy in this connection that
Turkey, which maintains the geographical limitation to the 1951 Refugee Convention and does not
accept responsibility for refugees from outside Europe, has in the recent past removed people onwards
to its neighbouring countries.
In-country asylum applications can, in principle, be lodged at all Police Directorates, including at Athens
International Airport and at Petrou Ralli (Athens). According to Presidential Decree 114/2010, it is
possible to register asylum applications and conduct interviews at Athens International Airport, including
for asylum seekers transferred back to Greece under the Dublin Regulation; a process which had just
12
commenced at the end of January 2011, but which is no longer applied generally in practice for the
time being as transfers to Greece under the Dublin Regulation have been suspended in practice since
M.S.S. v. Greece and Belgium. Since July 2009, asylum interviews with asylum seekers transferred
back to Greece under the Dublin Regulation and applying for asylum in Greece for the first time have
been carried out at the Asylum Department of the Attica Police Headquarters. In practice this means
that transferees to Greece under the Dublin procedure face the same registration barriers, like having to
queue at Petrou Rali. Although there are some designated asylum personnel to carry out asylum
interviews at the Police Headquarters, both Amnesty International and UNHCR remain concerned that,
given the concerns about the lack of training, expertise and sufficiency of specialized personnel,
13
asylum-seekers are not being provided with full and thorough interviews.
2. Regular procedure
General (scope, time limits)
Indicators:
-
10
11
12
13
Time limit set in law for the determining authority to make a decision on the asylum application at
first instance (in months):
6
Are detailed reasons for the rejection at first instance of an asylum application shared with the
applicant in writing?
Yes
No
st
As of 31 December 2012, the number of cases for which no final decision (including at first
appeal) was taken one year after the asylum application was registered: Not available
United Nations High Commissioner for Refugees- Office in Greece, Contribution to the dialogue on migration
and asylum, May 2012 and Amnesty International, Greece: The end of the road for refugees, asylum-seekers
and migrants, 20 December 2012, EUR 25/011/2012, p.5.
Amnesty International, Asylum-seekers and migrants in Greece hounded by police operations and right-wing
extremists, 20 December 2012.
Idem, “EU asylum policy requires asylum-seekers to return to the first country they entered upon arrival in the
EU. However, after the European Court of Human Rights concluded in 2011 that Greece lacked an effective
asylum determination system, many EU countries have halted the return of asylum-seekers to Greece. “.
United Nations High Commissioner for Refugees- Office in Greece, Contribution to the dialogue on migration
and asylum, May 2012, p. 3.
15
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