L.4825/2021240 replaced Article 8(4) L.4375/2016241 as follows:
‘The Regional Services of the Reception and Identification Services are:
a. the Reception and Identification Centres (RIC),
b. the Controlled Structures for Temporary Accommodation of asylum applicants and
c. the Closed Controlled Access Centres, which are structured and have the
responsibilities of RIC and within which, in separate spaces, facilities of temporary
accommodation and the special detention facilities provided in Art. 31 of L. 3907/2011
operate.
Within the premises of the above-mentioned facilities, special areas dedicated to people
belonging to vulnerable groups as per Article 14(8) are provided’242
Although the Rule of Procedure of Closed Controlled Access Centres on the islands does not provide for
a blanket prohibition of exit, the regime of de facto detention has been reintroduced in practice since the
implementation of the CCAC. According to the Asylum Code, this ‘restriction of liberty’ which amounts to
de facto detention, is provided by way of exception and shall not exceed 25 days.243 However, on arrival,
newcomers might remain under arbitrary restriction of liberty until they are registered by the RIS. During
this time, people are denied exit from the CCAC. (see below, Reception and Identification procedures on
the islands).
From April 2016 to 31 March 2020, 2,140 individuals were returned to Türkiye on the basis of the EUTürkiye Statement, of whom 801 were returned in 2016, 683 in 2017, 322 in 2018, 195 in 2019 and 139
in 2020. No readmission operations have taken place since 30 March 2020.244 In total, between 21 March
2016 and 31 March 2020, Syrian nationals accounted for 404 persons (19%) of those returned. 43 of
them were returned on the basis that their asylum claims were found inadmissible at second instance
based on the “safe third country” concept. Moreover, of all those returned, 23% had not expressed the
will to apply for asylum or withdrew their asylum application in Greece. 245
According to official data, returns under the EU-Türkiye Joint Declaration have not resumed since March
2020.246 It should be noted that both Greek authorities and the European Commission 247 have requested
Türkiye to resume returns based on the EU-Türkiye Joint Declaration.248 However, despite the suspension
of readmissions to Türkiye since March 2020, Greece included Türkiye in the national list of Safe Third
Countries pursuant to JMD 42799/2021 (FEK B’ 2425/07.06.2021). This list remains in force pursuant to
JMD538595/2023 (FEK B’ 7063/15.12.2023) amending the above mentioned initial JMD and thus the
applications lodged by individuals falling under the scope of JMD are still examined in the context of the
Safe third country concept and the Fast-Track Border Procedure.
240
241
242
243
244
245
246
247
248
Article 28 L.4825/2021 on ‘Reform of deportation and return procedures of third country nationals, attraction
of investors and digital nomads, issues of residence permit and procedures for granting international
protection, provisions of competence of the Ministry of Immigration and Asylum’.
According to Article 8(4) L. 4375/2016, ‘[t]he Regional Services of the Reception and identification Service
shall be: a. The Reception and Identification Centres (RIC) b. Mobile Reception and Identification Units (MRIU)
c. The Open Temporary Reception Structures for third-country nationals or stateless persons who have
applied for international protection, d. The Open Temporary Accommodation Structures for third-country
nationals or stateless persons: who are under a return procedure in accordance with Article 22 of law
3907/2011, or with paragraph 3 of this Article in conjunction with Article 30 of law 3907/2011 or whose removal
has been postponed in accordance with Article 24 of law 3907/2011 or who fall under the provisions of Article
76 para. 5 or Article 78 or Article 78a of law 3386/2005’. Article 30(4) L. 4686/2020 amended Article 8(4)
L.4375/2016 and foresaw the establishment of the so called ‘Closed Temporary Reception Facilities’ for
asylum seekers against whom a detention decision has been issued and the ‘Islands’ Closed Controlled
Facilities’, for asylum seekers, persons under a removal procedure and persons under geographical limitation.
Article 8(4) L. 4375/2016 as amended by Article 30(4) L. 4686/2020 was applied until the entry into force of L.
4852/2021 on 4 September 2021.
As amended by Article 62 L.4939/2022.
Article 40 (a) L.4939/2022.
HIAS, RSA, GCR, Asylum Case Law Bulletin, Vol.2/2023, December 2023, Decision No. ΙP/21911/2023,
issued on 18 July of 2023 by the 20 th Appeals’ Committee, p.7, available in Greek at:
https://tinyurl.com/255ucet2.
UNHCR, Returns from Greece to Türkiye, in the framework of the EU - TUR Statement. Source: Greek
Ministry of Citizen Protection, 31 March 2020, available at: https://bit.ly/3xtx5hp.
ΜοΜΑ, Information Note, November 2024 Asylum Reception Integration Procedures, available in Greek here.
European Commission, Key Findings of the 2023 Report on Türkiye, 8 November 2023, available at:
https://tinyurl.com/wdv96598; And ΜοΜΑ, Information Note, November 2024 Asylum Reception Integration
Procedures, available in Greek here.
EUAA, The EU- Turkey Statement, Asylum report 2022, Return of former applicants, available at:
https://tinyurl.com/r3nxu7r2.
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