21 III. Status in Quarantine Migrants in Quarantine on Chios are Asylum Seeker subsidiary protection status.”44 This broad definition can be understood to apply to “applications falling under this definition, regardless of whether or not the pending case is formally considered an application for international pro- The following sections of this report highlight tection under national law[...]”45 the legal issues surrounding quarantine on Similarly, Greek asylum law does not lay down Chios, including the many fundamental rights formal requirements for being classified as an violations that occur in Lefkonia. However, be- applicant for international protection. Law fore exploring these issues further, it is first es- 4939/2022 (the Asylum Code) defines an appli- sential to establish from the outset that cant for international protection as "a citizen of migrants in quarantine on Chios are, in fact, a third country or stateless person who declares asylum seekers and therefore have the right to orally or in writing before any Greek authority at the benefits and protections that Greek and EU entry points of the Greek state or inland, that he/she law affords them as such. requests asylum or subsidiary protection in our Greek and EU asylum law define an applicant country or in any way asks not to be deported to any for international protection not only as one who country for fear of being persecuted.” 46 Addition- has formally registered their application for in- ally, the new Greek quarantine law issued on 1 ternational protection but also as one who has May 2022 establishing a 5-day mandatory quar- either explicitly or implicitly expressed their de- antine states that the quarantine is for asylum sire for asylum. The APD defines an applicant seekers in the RIC and therefore under the direc- for international protection as "a third-country tion of RIS 47 , clearly addressing those quaran- national or stateless person who has made an appli- tined as “asylum seeker”. cation for international protection in respect of Accordingly, persons arriving on EU shores by which a final decision has not yet been taken.”43 In rubber dinghy become applicants for interna- addition, the APD specifies that an application tional protection when they meet the authori- for international protection means “an applica- ties, unless they explicitly state that they do not tion for protection from a Member State made by a wish to apply for asylum. third-country national or a stateless person, who can be understood to be seeking refugee status or Further, the authorities on Chios treat people placed in quarantine as asylum seekers, even if Art. 2(c) of Directive 2013/32 /EU. Art. 2(b) of Directive 2013/32 /EU. 45 Kay Hailbronner & Daniel Thyme, EU migration and asylum law: Commentary, 2nd edition, 2016, Sna. 1298.; See also: Markard/Nestler/Vogt/Ziebritzki: No State of Exception at the EU External Borders, March 2020, p. 21 et seq., available at: https://bit.ly/32W3BGg, (“From a European law perspective, it is hard to imagine that persons who reach the Greek coast by boat have not or will not apply for asylum.”). 46 Art. 1(c) Law 4939/2022 while Art. 69 par. 8, as amended by Art. 6 par. 4 of Law 4686/2020 and in force, explicitly states that "The person who expresses a desire to submit an application for international protection is an asylum seeker, in accordance with the provisions 4686/2020 Art. 1 (c).”. 47 JMD Δ1α/ΓΠ.οϊκ.23983 /2022, Extraordinary measures to protect public health from the risk of further spread of the coronavirus COVID-19, 1 May 2022, available at: https://bit.ly/3YNpoe3. 43 44 ‘Quarantine of Asylum Seeker’ – A legal classification of the quarantine practice on Chios