Moreover, according to Article 114(2) of the Asylum Code, the Minister on Migration and Asylum also has
the right to lodge an application for annulment against the decisions of the Appeals Committee before the
Administrative Court. In 2020, the Minister on Migration and Asylum lodged one application for annulment
against a second instance decision of the Appeals Committees. The Appeals Committee rejected the
Minister’s appeal and ruled that an applicant for whom a decision to discontinue the examination of the
asylum application due to implicit withdrawal has been issued, cannot be removed before the nine-month
period during which she can report again to the competent authority in order to request her case be
reopened. The Minister appealed to the Council of State which, on 27 June 2022, issued decision No.
1398/2022, accepting the Minister’s application for annulment. 460
A total of 89 applications for annulment were lodged before the Administrative Courts of Athens and
Thessaloniki against second instance negative decisions in 2025, marking a 77% decrease compared to
the previous year (385). Of these, 1 was accepted, 1 was rejected, and the rest (87) were pending at the
end of the year.461
During the same period, a total of 565 decisions on applications for annulment were issued, of which 86
were accepted, 96 were rejected as unfounded, and 340 were rejected as inadmissible, while 43
concerned resignations.462
1.5.
Legal assistance
Indicators: Regular Procedure: Legal Assistance
1. Do asylum applicants have access to state-provided free legal assistance at first instance in
practice?
Yes
With difficulty
No
❖ Does free legal assistance cover:
Representation in interview
Legal advice
2. Do asylum applicants have access to free legal assistance on appeal against a negative decision
in practice?
Yes
With difficulty
No
❖ Does free legal assistance cover
Representation in courts
Legal advice
Asylum applicants have the right to consult, at their own cost, a lawyer or other legal advisor on matters
relating to their application.463 Any qualified lawyer registered with a Bar Association in Greece has the
right to assist or intervene in an international protection case without additional training required. This
includes lawyers employed by NGOs.
Legal assistance at first instance
No state-funded legal aid is provided at first instance, nor is there a legal obligation to provide it. A number
of non-governmental organisations (NGO) provide free legal assistance and counselling to asylum
applicants at first instance, depending on their capacity and presence across the country. The scope of
these services remains limited, taking into consideration the number of applicants in Greece and the
needs throughout the whole asylum procedure – including registration of the application, first and second
instance, judicial review and the complexity of the procedures followed. As noted by the UN Working
Group on Arbitrary Detention ‘[t]he Working Group urges the Government to expand the availability of
publicly funded legal aid so that persons seeking international protection have access to legal advice at
all stages of the process, from the moment of filing their application until a final determination is made’.464
460
461
462
463
464
Council of State, Decision No. 1398/2022, available in Greek at: https://tinyurl.com/2cwxtf2v.
MoMA, Statistics: Consolidated Reports – Overview, December 2025 - International Protection | Appendix A,
available at: https://tinyurl.com/26ynfarp Table 12a.
Ibid., table 12b.
Article 71(1) IPA and Article 76(1) Asylum Code.
UN Human Rights Council, Report of the Working Group on Arbitrary Detention, Addendum: Mission to
Greece, A/HRC/45/16/Add.1, 29 July 2020, available here, para. 85.
97