b. send to the Asylum Service a signed solemn declaration with a certified signature stating
that they have not been convicted of several offences restrictively mentioned in the JMD
10302/2020 (see below), following which
c. the Asylum Service sends to the beneficiary's personal email the reply to their application,
and
d. the beneficiary submits supporting documents to the competent Passport Office of the
Police or the Passport Office of the Aliens Directorate and subsequently
e. the beneficiary receives their travel document from the competent Regional Asylum
Office.1429
The first step of the procedure often causes problems to beneficiaries of international protection who are
technologically illiterate, as they have to fill in the application form electronically and send it correctly via
their personal email. GCR has observed that many beneficiaries of international protection, despite
knowing how to use social media applications, do not know how to use an email properly and often do
not even know if they have an email address. Thus, in many cases, beneficiaries seek assistance, often
paying huge fees in various photocopying centres in the centre of Athens or accounting offices, which, in
many cases, do not send correctly said renewal applications.
The second step of this procedure is also vital for the travel document renewal procedure since:
‘A travel document shall not be granted to a person who: a) has been convicted by final decision
for forgery, forgery of certificates, embezzlement of documents, false deposition without oath or
false declaration (Articles 216, 217, 222 and 225 of the Criminal Code and Article 22(6) L
1599/1986) where commission is related to the issuance, use, loss or theft of a passport, an
identification document or any other document that may be used as a travel document or for
criminal organisation, terrorist acts, abduction, slave trade, trafficking in human beings, child
abduction, involuntary kidnapping, trafficking (Articles 187, 187A, 322, 323, 323A, 324, 327, 351
of the Criminal Code) as well as the offences of Article 29(5), (6) and (7) and of Article 30(1) and
(2) of [the Immigration Code]. The prohibition shall apply from the final convicting judgment for
five years (5) as regards commission of the above misdemeanours and for ten (10) years as
regards commission of a felony respectively, on condition that the sentence imposed has been
commuted; b) has been the subject of a criminal charge for a felony or an offence of point (a) for
the duration of proceedings (…).’1430
The aforementioned condition also applies to the initial issuance of travel documents.
During the travel document renewal procedure, beneficiaries of international protection are asked to
submit a solemn declaration pursuant to which they certify that they have not committed any of the abovementioned criminal offences. This stage is vital because beneficiaries of international protection who have
been convicted of travel document-related offences cannot renew or issue travel documents. In addition,
any false statements made in the solemn declaration constitutes a criminal offence. 1431
Decisions of RAO and AAU refusing to grant a travel document may be appealed before the Director of
the Asylum Service, who takes a decision based on a recommendation of a three-member panel.1432
All renewal applications are being processed by the Asylum Unit of International Protection of
Beneficiaries (Αυτοτελές Κλιμάκιο Ασύλου Δικαιούχων Διεθνούς Προστασίας), which is extremely
1429
1430
1431
1432
Ministry of Migration and Asylum, How to renew your travel documents, available at: https://bit.ly/3UyZTOl.
RSA and Stiftung Pro Asyl, Beneficiaries of international protection in Greece, Access to documents and socioeconomic rights, March 2023, available at: https://bit.ly/45y1CY1, p. 16 see also Article 1(2) JMD 10302/2020.
Article 8 L.1599/1986 “Whoever knowingly states false facts or denies or conceals the true facts with a written
solemn declaration of Article 8 shall be punished with imprisonment of at least three months. If the person
responsible for these acts intended to obtain pecuniary advantage harming others or intended to harm others,
is punishable by imprisonment of up to 10 years.”
RSA and Stiftung Pro Asyl, Beneficiaries of international protection in Greece, Access to documents and socioeconomic rights, March 2024, available at: https://bit.ly/3Vy9DYJ, p. 18 . See also Article 4(3) JMD
10302/2020.
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