instance, 24 lawyers were appointed on the islands. These lawyers have been appointed to provide free
legal aid under the State-funded legal aid scheme at second instance as follows: 12 lawyers on Lesvos,
2 lawyers on Samos, 4 lawyers on Chios, 2 lawyers on Kos, 2 lawyers on Rhodes, and 2 lawyers on
Leros.578 Based on legal actors’ observations, including GCR, however, there were usually not that many
lawyers operational, due to administrative obstacles and issues. Additionally, lawyers appointed on the
islands do not necessarily reside on the islands. Most of the times, the meetings between asylum seekers
and lawyers were made through phone or video-call and not with physical presence.
Since June 2020, by decision of the administration of the Central Asylum Service, there has been a
“[p]rovision of legal assistance through video conference to the Regional Asylum Services of Leros,
Samos, Chios and Lesvos due to increased needs in the provision of legal aid services in the second
degree to applicants for international protection”. As a result, some asylum applicants reported
communication issues with their State-registered lawyers and the short duration of their preparation
meetings.
In 2023, the total number of appeals lodged in Greece against first instance negative decisions were
10,973, from which only 960 (9%) were lodged before the islands’ RAOs and the rest in the mainland’s
RAOs.579 The total number of appellants who applied and benefited from free legal aid is 2.066 in the 1st
Quarter of 2023, 932 in the 2nd Quarter of 2023, 1.651 in the 3rd Quarter of 2023 and 2.243 in the 4th
Quarter.580 There are no available statistics with regard to the number of cases for which free legal
assistance from Registry Lawyers was requested in the Eastern Aegean Islands’ RAOs.
As also mentioned in the Regular Procedure: Legal assistance no tailored State-funded free legal aid
scheme exists for submitting judicial remedies before Courts against a second instance negative decision.
6. Accelerated procedure
6.1. General (scope, grounds for accelerated procedures, time limits)
The Asylum Code provides that the basic principles and guarantees applicable to the regular procedure
also apply in the accelerated procedure and that “the accelerated procedure shall have as a sole effect
to reduce the time limits”.581 The law does not provide for a general exemption of vulnerable applicants
from the accelerated procedure. The only exception regards UAM under the age of 15 who may be
subjected to the accelerated procedure only under conditions (see further bellow).The wording of the law
remains misleading, considering that the accelerated procedure entails exceptions from automatic
suspensive effect and thereby applicants’ right to remain on the territory. According to Article 88(4) Asylum
Code, the examination of an application under the accelerated procedure must be concluded within 20
days, subject to the possibility of a 10-day exception.
The Asylum Service is in charge of issuing first instance decisions for both regular and accelerated
procedures. An application is being examined under the accelerated procedure when:582
(a) the applicant during the submission of his/her application invoked reasons that manifestly do not
meet the conditions of the status of refugee or of subsidiary protection;
(b) the applicant comes from a Safe Country of Origin;
(c) the applicant has misled the authorities by presenting false information or documents or by
withholding relevant information or documents regarding his/her identity and/or nationality which
could adversely affect the decision;
(d) the applicant has likely destroyed or disposed in bad faith of documents of identity or travel which
would help determine his/her identity or nationality;
578
579
580
581
582
MoMA, Decision No 1836/21, 16 February 2021.
MoMA, Report A, December 2023, Reception, Identification & Asylum Procedures, available at:
https://tinyurl.com/5fmnbpmz, 10.
MoMA, Report A, December 2023, Reception, Identification & Asylum Procedures, available at:
https://tinyurl.com/5fmnbpmz, 11.
Art. 88 (2) Asylum Code.
Art. 88 (9) Asylum Code.
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