4.3. In 2016 a double
challenge for asylum
in Greece: temporary
accommodation
facilities on the
mainland and
hotspots after
20.3.2016
After the surge of the refugeemigrant flows of the previous
year,103 in 2016 the Greek Administration came across two
big challenges: on the one hand
the closing of the borders on
the so-called “Western Balkans
Route”, which resulted in the
trapping of mixed, refugee and
migrant, populations on the
Greek mainland, and on the other hand the EU-Turkey Statement of 18 March, further to which the services in the hotspots on the five islands had to bear the burden of the detention of all new irregular arrivals at the sea borders, with
the purpose of their rapid readmission into Turkey after their
identification.
The numbers are indicative of the administrative problems:
in mid-November 2016 there were approximately 26,000
persons in temporary accommodation facilities on the
mainland, and approximately 16,000 people who crossed
the sea borders, at the hotspots at nearly double their capacity overall. In addition, there are around 5700 living in
apartments under the housing rental program of the UNHCR
and another 5000 in other facilities funded by UNHCR (hotels, guest houses, etc.). According to the official data of the
Central Coordinating Body for the Management of Migration
9,000 people are estimated to be outside accommodation
facilities, i.e. they cannot be found anywhere. As regards the
last category, there is the possibility that they have left without following legal border crossing methods.
Delay in access to
asylum in the
temporary
accommodation
facilities
The main problem that emerged
from reports to the Ombudsman
was the inability of people living in
temporary accommodation facilities of mainland Greece to access
the asylum process for months
(cases No. 214896, 215349, 215823/2016 etc.). The
pre-registration of the asylum applications was the first and
most important step in personalising the needs of these
people, and it was achieved with the substantial contribution
of UNHCR and EASO in June and July 2016. The pre-registration of 25,692 people resulted in the granting of a corresponding card with a one-year duration, which constitutes
a legal certificate for residence in the country, without con-
103 See Annual Report 2015, pg. 185 et seq.
ferring full rights to the asylum seeker (employment), with a
serious delay for those who wish to be included in family
reunification procedures (case No. 8556/2016). However,
information provided by the Asylum Service with a public
announcement about the schedule of the final registration
until January and then in February 2017 (press release on
21.1.2017) is in any case an example of a responsible Administration.
A key priority of the migration policy proved to be the rapid examination of the asylum applications of
those who crossed the sea borders
after 20 March and were held at the
hotspots for readmission into Turkey. The asylum offices
however at the hotspots had a very small number of staff,
which was not sufficient to meet the volume of applications
they received, whereas the reinforcement with staff by EASO
was gradual, and with significantly fewer people than those
requested. The delays and prioritisations of certain national
groups or vulnerable persons (e.g. families) by the Asylum
Offices operating inside the hotspots, caused the dissatisfaction of those waiting for months for the processing of their
application or its simple submission (indicative cases No.
213698, 218420, 218700/2016), creating conflicts and
riots inside the hotspots and a chain reaction for the social
peace and coexistence with the residents of the islands.
Asylum procedures
at the sea borders
after the EU-Turkey
Statement
For the Greek Ombudsman, it is of the utmost importance to
staff the local asylum services and in particular those operating in the hotspots and to ensure their systematic operation, with a strategic prioritisation that does not however
leave entire population groups exposed to months of detention due to the wait for the submission of an application,
leaving impressions of exclusion from international protection in order to serve a pre-agreed migration policy.
The increasing
contribution of
EASO on the
borders
The role of EASO in the conduct of
interviews at the hotspots gave rise to
reasonable questions, considering that
Law 4375/2016 provided (Article 3)
for the possibility of processing
separate procedures of the Asylum Offices of the RICs by
the EU agency, but with the reservation of exercising public
power (case No. 215914/2016). Reports however
highlight the conduct of interviews exclusively by EASO
staff, a practice that is covered by an amendment of the law
at the end of June (Law 4399/2016). It was reported to
33
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