CHAPTER 4: RETURNS
The most significant change in the aforementioned period was the investment in returns; a
component of Greece's irregular migration control strategy which had been overlooked in
previous years. In 2009, Greece issued 42% of the EU’s return decisions, but it only managed to
carry out 8% of those since there was no program to promote and support voluntary return
and reintegration. Furthermore, Greece experienced difficulties with the readmission of thirdcountry nationals, especially from Pakistan and Afghanistan.
At a legislative level, the transposition of the Returns Directive introduced into Greek law the
'returns' procedure, as opposed to mere expulsion. At a policy level, the IOM assumed the
pivotal role of aiding Greece implement voluntary returns, in the course of 2012-2013, with the
financial support of three different funding instruments (EEA Grants, Return Fund, UKBA
funding). The IOM also facilitated the voluntary return of detained migrants, a policy which was
seen as controversial and an indirect support of Greece's detention policy. Nonetheless,
compared to the overall number of arrivals, there is still space to improve the rate of return.
Readmission, Expulsion and Voluntary Returns
Greek law currently foresees three ways in which a migrant may be removed from the country:
(a) Readmission, applicable to irregular migrants seeking to cross the borders 110
(b) Expulsion, applicable to irregular migrants arrested upon entering the country111
(c) Return process, applicable to irregular migrants who reside in the country irregularly.112
A migrant who seeks to cross the border may be readmitted immediately by the Greek
authorities to the country of transit. If readmission is not possible, then the migrant who is
arrested crossing the Greek borders is issued an administrative expulsion order that orders
him/her to leave the country normally within a time-frame of maximum 30 days. In cases where
a migrant is arrested residing in the country irregularly, he/she is given a 'return decision' that
orders him/her to leave the country within 7-30 days. In some cases this may be extended up to
1 year.113 Should the irregular migrant not voluntarily depart within the foreseen period, he/she
is then subject to forced removal.
110
Article 83 par. 2, Law 3386/2005
111
Articles 76-83, Law 3386/2005
112
Law 3907/2011
113
The Expulsion of Irregular migrants is regulated by Articles 76, 77, 78, 80, 81, 82 and 83 Law of 3386/2005
as amended by Law Nos 3448/06, 3536/07, 3613/07, 3649/08, 3731/08, 3772/09, 3801/09, 3838/2010, 3846/2010,
3870/2010, 3875/2010, 3879/2010, 3900/2010, 3907/2011, 3938/2011, 4018/2011, 4061/2012, 4071/2012, 4075/2012,
4115/2013, 4139/2013 and 4146/2013. (available at
http://www.ypes.gr/el/Generalsecretariat_PopulationSC/general_directorate_migratation/diefthinsi_metanasteftikis_politik
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