Α. Αdministrative
procedures and problems
The administrative procedures followed along the migrants’
route, from border crossing until returning to the country
of origin, if they are not placed under international protection in Greece, present problems that affect both their legal
status and rights, as well as the overall elementary provision
of temporary accommodation or their subsequent integration. For this reason, among the problems encountered in
the management of the mixed refugee and migrant flows
during the 2015-2016 period, priority is given to the following issues: registration at entry and the keeping of statistical data records, the identification of vulnerable persons
requiring special care and the overall handling particularly
of any unaccompanied minors among them, the access to
political asylum for those who seek international protection
from non-refoulement and the procedure for the return of
third-country nationals to their countries of origin and deportation based on the readmission procedure.
1. Irregularities in the registration of
irregularly entering third-country
nationals and issues of reliability
and evaluation of statistical data
The intensity of the refugee and migrant flows in 2015 led
to the Western Balkans route becoming and being accepted
as an “official” route. Persons illegally entering the Greek
territory on a massive scale, subsequently also left it illegally, and this illegal entry and exit took place along a series
of countries, until they illegally entered the country of destination. This means that until the closing of the borders and
for a period of several months, many EU and other countries
tolerated, due to the emergency circumstances, the violation of a range of legislative provisions regarding entry and
stay of third-country nationals on their territory. According to a FRONTEX estimate, from data it collected from the
countries, and not through its own research, there were
763,038 violations detected on the Western Balkans route
in 2015. This number represents the maximum, whereas
it does not exclude that the same person committed the
violation twice. In 2016, there were 122,779 violations.1
1 http://frontex.europa.eu/trends-and-routes/western-balkan-route/
According to another FRONTEX record, there were approximately 2,044,000 illegal border crossings recorded in
2015 - excluding intra-regional irregular migrants - on the
Turkey-Greece and Bulgaria route, at the borders between
these three countries and their region.2 We are of course
aware that these are persons illegally crossing different borders and are therefore often recorded more than once.
This example on the one hand introduces the issue that a lot
of figures and estimates require further analysis in order to
correctly interpret them, and on the other hand highlights
a restricted reflection of reality in such types of statistical
estimates. For example, the numerical estimate of the 2015
inflows into Greece and the outflows to the north borders is
perceived linearly and does not reflect the certified exit of
irregular migrants already living in the country.
But why are we interested in such an accurate reflection of
the flows and the profile of the persons who moved, and to
a certain degree continue to move or reside, temporarily or
less temporarily, in Greece and the neighbouring countries?
The interest lies not only in keeping a historical record of
one of the most important population flows towards Europe
and between its countries since 1990; although not being
the largest or the most important one, it did take place in
a very short period of time. When it comes to our country
in particular, it is of special interest for many reasons: To
record the degree to which the country managed to respond
to the task of registering illegal arrivals, as its domestic laws
primarily require, illegal departures, as well as the number of
persons staying and the place and time of their stay in the
country. To also record the degree to which the registration
of the arrivals complied with the terms and procedures set
out by the applicable provisions and the country’s international obligations. Moreover, to be aware of the degree to
which the various records correspond to reality - for example how many of the arrivals (and departures) were citizens
of Syria, Iraq, Afghanistan or countries whose citizens - according to asylum awards - do not have, primarily, a refugee
profile.
In addition to the above, after the dramatic reduction in the
flows in the spring of 2016, and the shorter or longer duration of the stay in the country of the persons who entered
it illegally, a statistical depiction that is as accurate as pos2 http://frontex.europa.eu/assets/Publications/Risk_Analysis/WB_ARA_2016.
pdf, p. 12.
15
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