delivered to the individual recognised as a beneficiary of international protection, a special legitimate
interest (ειδικό έννομο συμφέρον) must be proven.349
Duration of procedures
The extent to which delays in the procedure observed in the previous years are still pertinent in 2024 is
not possible to assess, as data on the duration of the procedure at first instance has not been provided
by the MoMA, even though GCR has requested it. Instead, following the latest such request sent by GCR
in December 2024, the MoMA replied by referring GCR to the Ministry’s website ‘and in particular at the
link https://migration.gov.gr/statistika/ [where] the monthly newsletters are published, alongside relevant
annexes, which include summary and detailed statistical data on the work of the First Reception Service,
the Asylum Service and the Appeals Authority […]’.
That being said, ongoing delays of months and in some cases of even more than a year in the conduct of
asylum interviews on account of gaps in the provision of interpretations services were reported in
Malakasa RIC and Ritsona camp as well as most Regional Asylum Offices and Asylum Units in mainland
Greece in 2024. The same gaps also impacted on applicants’ ability to communicate their needs with the
camp’s and the asylum service’s staff.350
1.2. Prioritised examination and fast-track processing
The Asylum Code sets 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, if their non-compliance hinders the smooth
completion of the examination procedure;351
(b) Applicants who are detained.352
In accordance with Articles 46(c) and 50(8) Asylum Code, processing by way of “absolute priority” means
the examination procedure needs to be concluded within 20 days, albeit Articles 42(γα) and 88(7) Asylum
Code, both of which cite the preceding articles, mention a 15-day deadline for the same purpose,
highlighting an inconsistency in the law.
Secondly, the law provides that an application may be registered and examined by way of priority for
persons who:353
(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 in their cases.354 The specific fast-track procedure (examination in the merits) is still
applicable to this day, though admissibility proceedings may precede it.
349
350
351
352
353
354
Article 74(6) Asylum Code.
RSA, Huge deficiencies in the provision of interpretation services in Greece, Asylum interviews are no longer
even being conducted, 5 November 2024, available here. See also: Civil Society Organizations Open Letter
to the Minister of Migration and Asylum and the Minister of Health, Put an end to the disruption of interpretation
services still undermining asylum seekers’ rights in Greece, 1 November 2024, available here.
Article 46(c) Asylum Code
Article 50 (8) Asylum Code.
Articles 38(2) and 88(7) Asylum Code.
Information provided by the Asylum Service, 31 March 2021.
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