Α. Administrative
procedures
and problems
reasons (Syrians, etc.)83 and moved through an unofficial
point of exit (Eidomeni) towards FYROM and neighbouring
countries, along the so-called Western Balkans Route. As a
result, we see the apparent paradox of the low rates of asylum applications in 201584 compared to the large number
of people arriving to the islands,85 especially during the 2nd
half of the year.
When the borders closed in late November 2015, the EU’s
cohesion appears to be under threat, not only from the
unilateral border protection actions, but also from the low
response by Member States to relocation applications of
asylum seekers.86 The EU’s tolerance also seems to run out
when addressing the delay in the construction and operation
of hotspots on 5 islands handling the main volume of the arrivals: Lesvos, Chios, Kos, Samos, Leros.
As regards the Greek State, the weight of the handling is
transferred, apart from the hotspots, towards the Asylum
Service, which in 2016 is facing a double challenge: to ensure access to asylum, on the one hand to the populations
trapped after the borders closed and are living in temporary
accommodation facilities on the mainland, and on the other
hand to the new arrivals at the Reception and Identification
Centers (RICs) as the hotspots were named, as administrative units of the Ministry of Interior - Migration Policy Division87 that were established by Law88 on the 5 islands immediately after the EU-Turkey Statement of 18 March 2016.
The law, for border procedures in particular, shortens the
deadlines for filing an appeal and institutes the possibility
of assistance by EASO89 to the Asylum Offices operating inside the hotspots. At the same time, the Statement renders
mandatory the examination of the admissibility of the applications as regards the safe third country concept, placing
onto the Asylum Service the enormous burden for the substantial implementation of the provisions agreed by the EU
83 A Hellenic Police circular (1604/15/1423412/10.8.2015) clarified that
this certificate also covers newly incoming citizens of Syria, Yemen, South Sudan,
Palestine, Eritrea, Somalia.
84 13,917 asylum applications in 2015, the 3,495 of which were by citizens of
Syrian origin http://asylo.gov.gr/wp-content/uploads/2016/01/Greek-AsylumService-statistical-data-2015_gr.pdf
85 According to UNHCR figures (www.unhcr.gr, statistics, 14-1-2016) there are
851,319 arrivals by sea in Greece in 2015.
86 The European Commission’s action plan in September 2015 provided for the
reception and relocation of asylum seekers from Syria, Iraq and Eritrea.
regarding the readmission into Turkey of Syrians as well as
citizens of other countries. The rapid processing of the applications at the second degree by the Appeals Authority in
order to implement procedures of deportation/readmission
is the goal of the European Commission from 2016 to this
date. The main problem of asylum access in 2016 therefore lies with the failure of the Asylum Service to respond
at a swift pace to the applications, not only at the temporary accommodation facilities on the mainland, but also at
the hotspots, where asylum seekers and migrants alike have
their liberty restricted. Furthermore, questions regarding
the substantial access to international protection are raised
both by the small numbers of asylum statuses granted to
the islands and the content and method of implementation
of the Statement, an issue which was brought before the
Supreme Administrative Court (Conseil d’Etat) in 2016, as
was also the issue of the restructuring of the Committees of
the Appeals Authority in June 2016 (Law 4399/2016) in
order to comprise administrative judges by 2/3.
The above are added to the standard problem of reduced access to asylum of those living freely in the country.
The problem of access to asylum
and the procedure for the
The system of award examination and recognition of
beneficiaries of international
of international
protection in Greece protection among the irregular
entries into the Greek territory
before 2015
during the past two years, is in
direct correlation with the system’s pathology during these
past years. The excessive delays during the receipt and
examination of the asylum applications at the 1st and 2nd
degree was a chronic issue, that was practically equivalent
with the failure of the competent authorities to handle the
large volume of accumulated applications, already since
2003.90 Despite the consecutive legislative amendements,91
up to 2015 the rationalisation and effective operation of the
country’s asylum system had not been achieved, resulting in
an already problematic situation becoming even worse by
the rapid increase of newly arriving applicants. It is quite
telling that on 6.9.2016 there were 7,920 applications still
pending before the Appeals Committees of the Hellenic
Police, submitted under the pre-existing law (Presidential
Decree 114/2010 and the ones prior to it). According to
4.2. Background
87 Since November 2016 an independent Migration Policy Ministry.
88 Law 4375/2016.
90 See relevant interventions by the Greek Ombudsman from 2003 onwards.
89 European Asylum Support Office.
91 PD 61/1999, PD 90/2008, PD 81/2009, PD 114/2010, Law 3907/2011.
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