is estimated that the separation of the minors from their sister would cause damage in the mental and
their broader emotional development” and that it would harm family unity irreparably. Even though the
RIS connected the cases, the Asylum Service found the Afghan couple’s case as inadmissible and laid
down a seven-day deadline for their voluntary departure from Greece, endangering the unity of the family
for all family members. The Appeals Committee found that it was essential for the appellant not to be
readmitted to Türkiye and her claim as well as her husband’s was to be examined on the merits.
3.4.
Legal assistance
Indicators: Admissibility Procedure: Legal Assistance
Same as regular procedure
1. Do asylum seekers have access to free legal assistance during admissibility procedures in
practice?
Yes
With difficulty
No
❖ Does free legal assistance cover:
Representation in interview
Legal advice
2. Do asylum seekers have access to free legal assistance on appeal against an inadmissibility
decision in practice?
Yes
With difficulty
No
❖ Does free legal assistance cover
Representation in courts
Legal advice
Legal Assistance in the admissibility procedure does not differ from the one granted for the regular
procedure (see section on Regular Procedure: Legal Assistance). Thus, asylum seekers do not have
access to free legal assistance during the admissibility procedures at first instance. The lack of legal
assistance has proven particularly problematic, especially for cases falling under the JMD designating
Türkiye as a safe third country. Newly arrived persons did not receive information from the authorities
regarding the application of the JMD or have access to legal aid, since they were rushed through the
procedures (the full registration of the asylum application was conducted immediately after the end of the
quarantine while, in numerous cases, asylum interviews were conducted within 2 days from the day of
arrival or the end of the quarantine).
While there is provision of legal aid services at second instance, meaning the submission of an appeal
against the first instance negative decision on admissibility, the 5-day deadline for the submission of the
appeal following the notice of an inadmissibility decision is not, in any case, adequate for asylum
applicants, who had not been informed of the admissibility procedure, nor for the registry lawyers to be
properly prepared for the appeal procedure and prepare an effective representation before the Appeals
Authority.
4. Border procedure (border and transit zones)
4.1.
General (scope, time limits)
Indicators: Border Procedure: General
1. Do border authorities receive written instructions on the referral of asylum seekers to the
competent authorities?
Yes
No
2. Where is the border procedure mostly carried out?
Air border
Land border
Sea border
3. Can an application made at the border be examined in substance during a border procedure?
Yes
No
4. Is there a maximum time limit for a first instance decision laid down in the law?
Yes
No
❖ If yes, what is the maximum time limit?
28 days
5. Is the asylum seeker considered to have entered the national territory during the border
procedure?
Yes
No
There are two different types of border procedures in Greece. The first will be cited here as the “normal
border procedure” and the second as the “fast-track border procedure”. In the second case, many of the
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