infrastructure for the first reception of asylum seekers and their identification procedures. […] Those who
arrive in Gavdos and Chania are often transferred to the children’s summer camps at Kalathas in Akrotiri.
Usually, only volunteer doctors and the Red Cross may enter this site, which is guarded by the police.
The Municipality of Chania claims that the accommodation cost is prohibitive […] Those who arrive in
Heraklion prefecture are usually transferred to the dockers’ hall in the port of Heraklion, where there is no
infrastructure, not even beds, and which is also guarded by the police. […] they are not informed about
the procedures to be followed and their rights in relation to asylum, and reception and identification
procedures do not take place as required by law. Furthermore, it is not clear whether and by what
procedure the authorities identify unaccompanied minors and children accompanied by an adult who is
not their legal guardian (separated). Practices to date indicate that there are cases where minors have
been wrongly registered as adults. […]”.617
In most cases, based on GCR’s and partners’ observations, asylum claims are being examined before
vulnerability assessments are carried out, and, in any case, the outcome of the latter are often not
communicated to the Asylum Service before it issues its decision on the application.
The lifting of the geographical restriction (see also Reception Conditions A4. Freedom of Movement).
Under the IPA and the Asylum Code, the recognition of vulnerability of asylum seekers has no bearing on
the asylum procedure under which their application is examined. Therefore, vulnerable groups, even when
identified as such, are no longer referred to the Regular procedure, unless it is proven that no appropriate
health care regarding their individual medical problem is available on the island where they reside (See
below). In such cases, the geographical restriction imposed upon arrival is lifted and the applicant is
transferred or allowed to travel to the mainland. Therefore, the exemption of vulnerable individuals from
the Fast-Track Border procedure has become much more difficult.
More precisely, the movement of asylum-seekers who entered Greece through the islands of Lesvos,
Chios, Samos, Kos, Leros, and Rhodes during 2023 is limited to within their respective island
(‘geographical restriction’), as per Ministerial Decision 1140/2.12.2019 (GG B’ 4736/20.12.2019) in force
since 1 January 2020.618 Greek law transposes Article 7 RCD, allowing Member States to impose a
restriction of movement to asylum-seekers within a specific area, provided that it does not affect their
unalienable sphere of private life and that it allows sufficient scope for guaranteeing access to all the
benefits granted under the Directive. Until 31 December 2019, the geographical restriction could be lifted,
inter alia, in respect of vulnerable persons. Following amendments to the law, since 1 January 2020, the
geographical restriction may inter alia619 be lifted by a decision of the Manager of the RIC for vulnerable
persons or persons in need of special reception conditions if appropriate support may not be provided
within the area of restriction,620 without sufficiently describing what such appropriate support entails.621
The number of decisions to lift geographical restrictions per RIC and per category of vulnerability (or other
cases) in 2023 is not publicly available, nor was it provided by the MoMA following GCR’s relevant request.
617
618
619
620
621
Refugee Support Aegean-RSA, Crete and Gavdos have no reception and identification procedures despite
the increased arrivals, 19 December 2023, available at: https://bit.ly/49Noq6L.
This act is based on Article 45 L. 4636/2019. It is worth noting that the act mentions that the geographical
restriction is necessary for the implementation of the EU-Türkiye statement.
Except for the case of vulnerable persons and persons in need of special reception conditions, the
geographical restriction may be lifted in the case of: a. unaccompanied minors; b. persons falling under the
family reunification provisions of Articles 8-11 of Dublin Regulation, only after the person is accepted by the
concerned member state; and c. persons whose applications for international protection are reasonably
considered to be founded.
See Article 67 (2) L. 4636/2019 and Article 2 (d) of the Ministerial Decision 1140/2.12.2019.
According to Article 67 (2) L. 4636/2019, ‘[w]here applicants have been identified as applicants in need of
special procedural guarantees, they shall be provided with adequate support in order to allow them to benefit
from the rights and comply with the obligations of this Part throughout the duration of the procedure. Forms of
adequate support shall, in particular, consist of additional break times during the personal interview in
accordance with Article 77, allowing the applicant to move during the personal interview if this is necessary
because of his or her health condition, as well as showing leniency to non-major inaccuracies and
contradictions, where these are related to his/her health condition.’
134
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