Legal assistance
Indicators:
-
Do asylum seekers have access to free legal assistance at first instance in the border procedure
in practice?
Yes
not always/with difficulty
No
Do asylum seekers have access to free legal assistance in the appeal procedure against a
decision taken under a border procedure?
Yes
not always/with difficulty
No
In practice, free legal assistance is not provided in the border procedure.
6. Accelerated procedures
General (scope, grounds for accelerated procedures, time limits)
According to Article 17 (3) of the P.D. 114/10, applications for international protection shall be examined
in the accelerated procedure when they are manifestly unfounded or when the applicant is a national of
a safe country of origin or comes from a safe third country.
The examination of asylum applications is conducted by a police officer and shall be concluded within
three months when the accelerated procedure is applied. An application shall be considered to be
manifestly unfounded when the applicant:
a. invokes reasons that are manifestly irrelevant to refugee or subsidiary protection status
OR
b. has filed the application for abusive reasons or intentionally tried to mislead authorities.
Not meeting the three month deadline has no consequences. Indeed, the backlog of pending cases
remains quite heavy although reducing it is one of the aims foreseen in the Greek Action Plan.
In practice, sometimes asylum applications are examined in the accelerated procedure even if they
should have been examined with the regular procedure and vice-versa. The Greek Council for
Refugees has had many cases where applications of people from Afghanistan, Somalia and even Syria
are being processed according to the accelerated procedure even though it is obvious that these people
may be in need of international protection, thus greatly compromising their rights. In both accelerated
procedures and border procedures the authority who is responsible for taking the first instance decision
is the Territorially Competent Police Director/The police Directors of the Aliens Directorate of Athens
and Thessaloniki and the Police Director of the Athens International Airport (accelerated
procedure/inadmissible applications). At the time of writing this report no detailed statistics were
available indicating the percentage of cases that has been examined in an accelerated procedure.
Appeal
Indicators:
-
Does the law provide for an appeal against a decision taken in an accelerated procedure?
Yes
No
o if yes, is the appeal:
judicial
administrative
o If yes, is it suspensive?
Yes
No
Applicants appealing under the accelerated procedure face the same problems as mentioned above in
the regular procedure.
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