Applicants have the right to lodge an appeal (προσφυγή) against decisions that reduce or withdraw reception conditions before the Administrative Courts. In the case of appeal before the Courts, applicants also have a right to free legal aid and representation. 958 However, as explained further below, the remedy provided by this provision is not available in practice. 4. Freedom of movement Indicators: Freedom of Movement 1. Is there a mechanism for the dispersal of applicants across the territory of the country? Yes No 2. Does the law provide for restrictions on freedom of movement? Yes No Asylum applicants may move freely within the territory of Greece or an area (περιοχή) assigned by a regulatory (κανονιστική) decision of the Minister of Migration and Asylum 959 (formerly, the Minister of Citizen Protection). This geographical restriction of freedom movement within a particular area should not affect the inalienable sphere of private life and should not hinder the exercise of rights provided by the law.960 Following the entry into force of the IPA, on 1 January 2020, and subsequently the Asylum Code that replaced it, asylum applicants’ freedom of movement can also be restricted through assignment to a specific place (τόπος), only if this is necessary for the swift processing and effective monitoring of the applications for international protection or for duly justified reasons of public interest or reasons of public order. This restriction is imposed by the Head of the Asylum Service and is mentioned on the asylum applicants’ cards.961 Applicants who are subject to this type of restriction are provided with material reception conditions, as long as they reside within the place indicated and, in case of non-compliance, the provision of material reception conditions is interrupted in accordance with Article 61 of the Asylum Code962. Applicants are required to immediately notify the competent authorities of any changes to their place of residence for as long as the examination of their asylum application is pending. 963 Finally, applicants have the right to lodge an appeal (προσφυγή) before the Administrative Court against decisions that restrict their freedom of movement. 964 However, as explained below, the remedy regulated by this provision is not available in practice. The geographical restriction on the Eastern Aegean islands In practice, the imposition of a restriction on freedom of movement is particularly applied to persons subject to the EU-Türkiye Statement and the Fast-Track Border Procedure, whose movement is systematically restricted to the island where they have arrived, under a “geographical restriction”. This is despite the fact that for more than 6 years now (early 2020) Türkiye has been refusing the return of asylum applicants rejected by the Greek authorities based on the “safe third country” concept, 965 thus making the Statement non-operational in practice. Imposition of the “geographical restriction” by regulatory decision: Following the initial introduction of a regulatory Decision imposing the geographical restriction by the Director of the Greek Asylum Service 958 959 960 961 962 963 964 965 Article 118 (1) and (2) Asylum Code. Article 49 (1) Asylum Code. Ibid. Article 49(2) Asylum Code. Article 49(3) Asylum Code. Article 49(6) Asylum Code. Article 118(1) Asylum Code. Also see RSA, “The EU-Turkey deal is collapsing 7 years after its signing”, 16 March 2023, available at: https://bit.ly/4d9CTNj. 202

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