5. Fast-track border procedure (Eastern Aegean islands) 5.1. General (scope, time limits) Indicators: Fast-track border procedure: General 1. Do border authorities receive written instructions on the referral of asylum seekers to the competent authorities? Yes No 2. Can an application made at the border be examined in substance during a border procedure? Yes No 3. 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? 7 days Although the fast-track border procedure was initially introduced as an exceptional and temporary procedure, it has become the rule for a significant number of applications lodged in Greece. In 2022, the total number of applications lodged before the RAOs of Lesvos, Samos, Chios, Leros and Kos was 11,408, which represents approximately 1/3 of the total number of applications lodged in Greece in the same year (37,362).399 The impact of the EU-Türkiye Statement has been, inter alia, a de facto dichotomy of the asylum procedures applied in Greece.400 This is because, the fast-track procedure is applied in cases of applicants subject to the EU-Türkiye Statement, i.e. applicants who arrived on the Greek Eastern Aegean islands after 20 March 2016 and have lodged applications before the RAO of Lesvos, Chios, Samos, Leros and Kos. However, 5,052 applications lodged before the Asylum Unit of Fylakio by persons who entered through the Greek-Turkish land border and remain in the RIC in Fylakio in Evros are not examined under the fast-track border procedure. Different procedures were applied for arrivals in Rhodes, as, up until November 2022, certain arrivals were considered as residing illegally in Greece and they were transferred to the Pre- Removal Detention Centre of Kos while others were given a police note and transferred to the mainland. No reception services were provided for either category. Since November 2022 the procedure has changed and those newly arrived in Rhodes are finally considered new arrivals and are being transferred to the Kos RIC (now CCAC), where they are being provided with reception services and their asylum applications are being processed.401 Asylum procedures are currently regulated by the new law on asylum (Asylum Code), L. 4939/2022. More particularly, Article 95(3) Asylum Code foresees that the fast-track procedure can be applied as long as third country nationals who have applied for international protection at the border or at airport / port transit zones or while remaining in Reception and Identification Centres, are regularly accommodated in a spot close to the borders or transit zones. A Joint Ministerial Decision issued on 30 December 2020, foresees the application of the fast-track border procedure under Article 90 (3) for those who arrived at the Greek Eastern Aegean Islands. The JMD was in force until 31 December 2021, 402 and it has not been extended through a new JMD since that date. Main features of the fast-track border procedure under the Asylum Code The fast-track border procedure under Article 95(3) Asylum Code, repeats the previous legal framework and provides amongst others that: 399 Reply of the Ministry to the Greek Parliament Submission of the Greek Council for Refugees to the Committee of Ministers of the Council of Europe in the case of M.S.S. v. Belgium & Greece (Appl. No 30696/09) and related case, 9 May 2019, available at: https://bit.ly/2XYhHpj. 401 According to information provided by the GCR lawyer operating in Kos. 402 Joint Ministerial Decision for the application of the provisions of par. 3 and 5 of article 90 of IPA, No 15996/30.12.2020, Gov. Gazette 5948/B/31.12.2020. 400 92