In Decision 593/2023, the First Instance Administrative Court of Thessaloniki cancelled a second instance
asylum decision rejecting the asylum claim of a family from Iraq, among other reasons, because the
Asylum Service violated an essential step of the examination of an asylum application. In particular,
despite one of the applicants’ claim of being a victim of torture, the Asylum Service neither refered the
applicants to the competent authorities for medical examination, nor did the Asylum Service inform the
applicant about the possibility to undergo such examination on his own initiative/expense. In particular,
the Court stated that: "during his interview the applicant made specific allegations about torture he
suffered in the past. However, nothing in the file indicated that he was informed of his possibility to be
examined, on his own initiative and at his own expense, by a legally competent medical service, for the
examination […] of the existence of symptoms and signs of torture, nor was he competently referred at
any stage of the procedure, for relevant consideration. [..] thus […] the decision should be cancelled and
referred back to the Administration, in order to comply with the type of the procedure […]”.675
3. Legal representation of unaccompanied children
Indicators: Unaccompanied Children
1. Does the law provide for the appointment of a representative to all unaccompanied children?
Yes
No
Under Greek law, any authority detecting the entry of an unaccompanied or separated child into the Greek
territory shall take the appropriate measures to inform the closest Public Prosecutor’s office and the
General Secretariat for Vulnerable Persons and Institutional Protection.676
On 22 July 2022, L 4960/2022 on the National Guardianship System and Framework of Accommodation
of UAMs677 entered into force, replacing former law L 4554/2018 on guardianship, which was never
implemented in practice. New provisions on guardianship and accommodation were inserted in the third
part of the Asylum Code regarding Reception (provisions on guardianship were incorporated in Chapter
C / Part 3 in Articles 66A-66ΚΔ and provisions on accommodation in Chapter D / Part 3 in Articles 66ΚΕ–
66ΛΔ). Under the new legislative provisions on guardianship, general competency was transferred from
the National Centre for Social Solidarity of the Ministry of Labour and Social Affairs to the Special
Secretary for the Protection of Unaccompanied Minors (SSPUAM) now General Secretariat for Vulnerable
Persons and Institutional Protection.
Under the new law, the provision of guardianship is relegated to a list of legal entities appointed by the
Public Prosecutor (i.e., public entities, NGOs, international organisations) who collaborate with persons
acting as guardianship mandated persons (henceforth referred to as “guardians”). The Public Prosecutor
can also appoint a child’s family member or friend to be responsible for their everyday care.
In late autumn 2023 (end of October) METAdrasi and Praksis NGOs were announced by the Ministry of
Migration and Asylum as the finalist candidates entrusted with the implementation of the National
Guardianship scheme, following a public procurement procedure. The project officially begun on 1st
November 2023 and, according to its design, the first two months would consist of preparatory actions
(trainings, prioritisation of cases etc.).
The project’s implementation involves a phased approach to recruit guardianship mandated persons over
three stages and now, at this first stage, 60 guardians for UASCs are placed at Greece's main entry points
(the 5 Aegean islands and Evros area) and/or to other reception facilities under pressure (e.g., in Serres,
northern Greece). At the time of writing (February 2024) guardians are now deployed and started work,
supporting unaccompanied children on the move with a focus on separated children, vulnerable children
675
676
677
Decision 593/2023 of First Instance Administrative Court of Thessaloniki – case supported by ARSIS lawyer
Anthi Argyriou in op. cit., ARSIS – Association for the Social Support of Youth, Seeking International
Protection: A Case-Law Handbook, 2022-2023, pp. 91-94.
Article 64(1) of the Asylum Code as amended by article 4 L.4960/2022.
L 4960/2022 National Guardianship System and Framework of Accommodation of UAMs and other provisions
under the jurisdiction of the MoMA.
146
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