Α. Administrative procedures and problems reasons (Syrians, etc.)83 and moved through an unofficial point of exit (Eidomeni) towards FYROM and neighbouring countries, along the so-called Western Balkans Route. As a result, we see the apparent paradox of the low rates of asylum applications in 201584 compared to the large number of people arriving to the islands,85 especially during the 2nd half of the year. When the borders closed in late November 2015, the EU’s cohesion appears to be under threat, not only from the unilateral border protection actions, but also from the low response by Member States to relocation applications of asylum seekers.86 The EU’s tolerance also seems to run out when addressing the delay in the construction and operation of hotspots on 5 islands handling the main volume of the arrivals: Lesvos, Chios, Kos, Samos, Leros. As regards the Greek State, the weight of the handling is transferred, apart from the hotspots, towards the Asylum Service, which in 2016 is facing a double challenge: to ensure access to asylum, on the one hand to the populations trapped after the borders closed and are living in temporary accommodation facilities on the mainland, and on the other hand to the new arrivals at the Reception and Identification Centers (RICs) as the hotspots were named, as administrative units of the Ministry of Interior - Migration Policy Division87 that were established by Law88 on the 5 islands immediately after the EU-Turkey Statement of 18 March 2016. The law, for border procedures in particular, shortens the deadlines for filing an appeal and institutes the possibility of assistance by EASO89 to the Asylum Offices operating inside the hotspots. At the same time, the Statement renders mandatory the examination of the admissibility of the applications as regards the safe third country concept, placing onto the Asylum Service the enormous burden for the substantial implementation of the provisions agreed by the EU 83 A Hellenic Police circular (1604/15/1423412/10.8.2015) clarified that this certificate also covers newly incoming citizens of Syria, Yemen, South Sudan, Palestine, Eritrea, Somalia. 84 13,917 asylum applications in 2015, the 3,495 of which were by citizens of Syrian origin http://asylo.gov.gr/wp-content/uploads/2016/01/Greek-AsylumService-statistical-data-2015_gr.pdf 85 According to UNHCR figures (www.unhcr.gr, statistics, 14-1-2016) there are 851,319 arrivals by sea in Greece in 2015. 86 The European Commission’s action plan in September 2015 provided for the reception and relocation of asylum seekers from Syria, Iraq and Eritrea. regarding the readmission into Turkey of Syrians as well as citizens of other countries. The rapid processing of the applications at the second degree by the Appeals Authority in order to implement procedures of deportation/readmission is the goal of the European Commission from 2016 to this date. The main problem of asylum access in 2016 therefore lies with the failure of the Asylum Service to respond at a swift pace to the applications, not only at the temporary accommodation facilities on the mainland, but also at the hotspots, where asylum seekers and migrants alike have their liberty restricted. Furthermore, questions regarding the substantial access to international protection are raised both by the small numbers of asylum statuses granted to the islands and the content and method of implementation of the Statement, an issue which was brought before the Supreme Administrative Court (Conseil d’Etat) in 2016, as was also the issue of the restructuring of the Committees of the Appeals Authority in June 2016 (Law 4399/2016) in order to comprise administrative judges by 2/3. The above are added to the standard problem of reduced access to asylum of those living freely in the country. The problem of access to asylum and the procedure for the The system of award examination and recognition of beneficiaries of international of international protection in Greece protection among the irregular entries into the Greek territory before 2015 during the past two years, is in direct correlation with the system’s pathology during these past years. The excessive delays during the receipt and examination of the asylum applications at the 1st and 2nd degree was a chronic issue, that was practically equivalent with the failure of the competent authorities to handle the large volume of accumulated applications, already since 2003.90 Despite the consecutive legislative amendements,91 up to 2015 the rationalisation and effective operation of the country’s asylum system had not been achieved, resulting in an already problematic situation becoming even worse by the rapid increase of newly arriving applicants. It is quite telling that on 6.9.2016 there were 7,920 applications still pending before the Appeals Committees of the Hellenic Police, submitted under the pre-existing law (Presidential Decree 114/2010 and the ones prior to it). According to 4.2. Background 87 Since November 2016 an independent Migration Policy Ministry. 88 Law 4375/2016. 90 See relevant interventions by the Greek Ombudsman from 2003 onwards. 89 European Asylum Support Office. 91 PD 61/1999, PD 90/2008, PD 81/2009, PD 114/2010, Law 3907/2011. 30

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