Legal frameworks
(B) Access to the asylum procedure
Under EU legislation²⁶ access to the asylum procedure comprises three discrete stages:
1. “Making” of the asylum application, i.e. the expression of will to apply for international
protection;
2. “Registration” of the application by the competent authorities;
3. “Lodging” of the application by the competent authorities, following submission of a form by
the applicant.
Greek legislation²⁷ transposes the second stage, registration, as “simple registration” or “preregistration”, and the third stage as “full registration”. In line with the principles of EU²⁸ and
Greek law (Art. 1(c), 59(1), 69(8) and 73(1), 4939/2022), the status of applicant for international
protection and the associated rights to remain on Greek territory and access full material
reception conditions and healthcare are acquired after the first stage of “making” the application
for asylum. Greek law indicates that the status of applicant for international protection is
acquired by the making of the asylum application, in writing or orally, before any Greek authority
(Art. 1(c) and 69(8), 4939/2022). Settled case law of the ECJ clarifies that making of an application
“does not require any administrative formalities” and is not subject to any restrictions.²⁹
Timeframe for registration of asylum claims
(C) Timeframe for registration of asylum claims
Greek and EU law lays down clear deadlines for the registration of asylum claims and the
issuance of documentation attesting to a person’s full registration. The Asylum Procedures
Directive outlines deadlines of three, six and 10 working days for the registration of asylum
claims which have been made (Art. 6(1, 5), 2013/32/EU).
Greek law states that the full registration of an asylum application is carried out immediately or
at the least a simple registration is carried out within three working days after the application is
received (Art. 69(2), 4939/2022). Simple registration entails the issuance of a document proving
that the holder wishes to apply for international protection and containing their personal details
and photograph. The deadline for full registration is set at no later than 15 days after the simple
registration has been completed.
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