Introduction
Since September 2022, Greece applies screening (hereafter “reception and
identification”) procedures to irregularly arriving or staying third-country nationals and
stateless persons on the mainland, in addition to existing procedures at the Evros land
border and on the islands,1 under the responsibility of the Reception and Identification
Service (RIS) of the Ministry of Migration and Asylum. According to a circular of said
Ministry, as a rule, persons who are present on the mainland and have not previously
undergone reception and identification procedures shall lodge their asylum
applications at the Reception and Identification Centres (RIC) of Malakasa and
Diavata, near Athens and Thessaloniki respectively. 2 The two facilities were reestablished as RIC with a November 2022 amendment to the organisational structure
of the Ministry.3
The Ministry of Migration and Asylum had already barred direct access to the Asylum
Service for those who had not previously undergone reception and identification
procedures under a November 2021 circular.4 In July 2022, it launched a special online
platform5 for the booking of appointments for reception and identification procedures
and lodging of asylum claims at the RIC of Malakasa and Diavata as “Responsible
Registration Authorities”.6
The launch of this “uniform registration” procedure in mainland Greece is a significant
development for the country’s asylum system, marred for over a decade by structural
problems regarding access to the procedure.7 It also presents important legal issues at
European Union (EU) level in view of upcoming negotiations between the European
Parliament and the Council on the proposal for a Screening Regulation, tabled by the
European Commission on 23 September 2020 as part of the New Pact on Migration and
Asylum.8 The Screening proposal is largely modelled on the Greek reception and
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Lesvos, Chios, Samos, Leros and Kos. See European Council, EU-Turkey Statement, 18
March 2016, available at: https://bit.ly/2S5qaAg.
Ministry of Migration and Asylum, Circular 504912/2022, 31 August 2022. The Circular is
accompanied by RIS Director Decision “Establishment of two (2) Registration and Transfer
Coordination Mobile Units”, 504264/2022, 31 August 2022.
Articles 34(h)-(i) PD 106/2020, Gov. Gazette A’ 255/23.12.2020, inserted by Article 12 PD
77/2022. Note that the new RIC of Malakasa encompasses two formerly operating
reception facilities: “old” and “new” Malakasa. See e.g. RSA, ‘New Malakasa: Inhuman
subsistence, nine months on’, 17 December 2020, available at: https://bit.ly/3HTTiXp.
Ministry of Migration and Asylum, Circular 411695/2021, 24 November 2021.
Ministry of Migration and Asylum, Registration appointment application, available at:
https://bit.ly/3HY6bzQ.
Articles 1(q) and 69(7) Asylum Code, L 4939/2022, Gov. Gazette A’ 111/10.06.2022.
ECtHR, M.S.S. v. Belgium and Greece, App No 30696/09, 21 January 2011; Council of
Europe Committee of Ministers, 1383rd meeting (29 September - 1 October 2020) (DH) H46-7 M.S.S. and Rahimi groups v. Greece (Application No. 30696/09),
CM/Del/Dec(2020)1383/H46-7, 1 October 2020, available at: https://bit.ly/3kQ2m7y. Note
that the position expressed by the Greek government to the Council of Europe Committee
of Ministers in 2021, per which “Those who have expressed their intention to apply for
asylum can submit their registration themselves electronically”, does not reflect the
current process: Greek Government, The Communication concerning the execution of
the M.S.S. v. Greece (30696/09) and RAHIMI v. Greece (8687/08) group of cases
judgments rd in response to the decision of the CM at its 1383 meeting, DH-DD(2021)363,
16 March 2021, para 9, available at: https://bit.ly/3R5vG6a.
European Commission, Proposal for a [Screening Regulation], COM(2020)612, 23
September 2020. See also Council of the European Union, Proposal for a [Screening
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RSA REPORT │ 2023