to be issued. As expressly foreseen in the Asylum Code, ‘this does not constitute an obligation on the part
of the Asylum Service to take a decision within a specific time limit.’214
Decisions granting status are given to the person of concern in extract, which does not include the
decision’s reasoning. According to the Asylum Code, in order for the entire decision to be delivered to the
person recognised as a beneficiary of international protection, a special legitimate interest (ειδικό έννομο
συμφέρον) should be established by the person in question. 215
Duration of procedures
However, despite the number of first instance decisions issued throughout 2022, significant delays
occurred in processing applications at first instance if the total number of pending applications is taken
into consideration, i.e. applications registered in previous years and are still pending by the end of 2022.
According to the Ministry of Migration and Asylum, a total of 17,249 applications were pending by
December 31st, 2022.216 Of this total, 4,134 (23.74%) had been pending for a period of over 12 months
since the day they were registered, 2,334 (13.53%) were pending for a period of over 6 months and
10,781 (62.50%) were pending for a period of under 6 months.217
1.2. Prioritised examination and fast-track processing
Both the IPA and the Asylum Code, which entered into force on 10 June 2022, set out two forms of
prioritised examination of asylum applications.
Firstly, the Asylum Service shall process “by way of absolute priority”, claims concerning:
(a) Applicants undergoing reception and identification procedures who do not comply with an order
to be transferred to another reception facility;218
(b) Applicants who are detained.219
Processing by way of “absolute priority” means the issuance of a decision within 20 days. 220
Secondly, the law provides that an application may be registered and examined by way of priority for
persons who:221
(a) Belong to vulnerable groups, insofar as they are under a “restriction of liberty” measure in the
context of Reception and Identification procedures;
(b) Fall under the scope of the Border Procedure;
(c) Are likely to fall within the Dublin Procedure;
(d) Have cases which may be considered as manifestly unfounded;
(e) Represent a threat to national security or public order; or
(f) File a Subsequent Application;
(g) Come from a First Country of Asylum or a Safe Third Country;
(h) Have cases reasonably believed to be well-founded.
From 2014 up until the first half of 2021, Syrians and stateless persons were eligible to a fast-track
procedure examining their cases and often resulting in the granting of refugee status. This also applied
to those who formerly resided in Syria who could provide original documents such as passports, or who
had been identified as Syrians/persons with a former residence in Syria within the scope of the Reception
and Identification Procedure; provided that the EU-Türkiye Statement and the fast-track border procedure
did not apply to their cases.222 However, the Joint Ministerial Decision 458568/2021 issued in December
214
215
216
217
218
219
220
221
222
Article 83(6) IPA and Article 88(6) ASYLUM CODE
Article 69(5) IPA and Article 74(6) ASYLUM CODE
MoMA, Reply of the Ministry to the Greek Parliament, 16 March 2023, https://bit.ly/3JIy0y6.
MoMA, Reply of the Ministry to the Greek Parliament, 16 March 2023, https://bit.ly/3JIy0y6.
Articles 39(1) and 83(7) IPA, citing Article 39(10)(c) IPA and Articles 38(1) and 88(7) citing Article 46(c)
ASYLUM CODE
Ibid, citing Article 46(8) IPA and Articles 38(1) and 88(7) citing Article 50(8) ASYLUM CODE.
Ibid.
Articles 39(2) and 83(7) IPA and Articles 38(2) and 88(7) ASYLUM CODE.
Information provided by the Asylum Service, 31 March 2021.
56
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents