The findings of the UN Working Group on Arbitrary Detention in 2019 are still valid:205
‘many detainees did not understand their right to apply for asylum and the corresponding
procedure, with some individuals incorrectly believing that the process was initiated when they
were fingerprinted. There was no established scheme for providing legal aid during the firstinstance asylum application, and interpretation was not consistently provided, with asylum
seekers relying on second-hand information from fellow applicants. The Working Group was
informed that no information was provided by the police to detainees on their right to apply for
international protection or on the procedural stages, and that such information was provided by
non-governmental actors only.”
The time period between the expression of intention to apply for asylum and the registration varies
depending on the circumstances of each case, and in particular the capacity of the competent authority,
the availability of interpretation, and the number of people wishing to apply for asylum from detention.
C. Procedures
1. Regular procedure
1.1.
General (scope, time limits)
Indicators: Regular Procedure: General
1. Time limit set in law for the determining authority to make a decision on the asylum application at
first instance:
6 months
2. Are detailed reasons for the rejection at first instance of an asylum application shared with the
applicant in writing?
Yes
No
3. Backlog of pending cases at first instance as of 30 June 2020:
18,177
4. Average length of the first instance procedure in (year of reference):
Not available
According to data provided by the Ministry of Migration and Asylum, the total number of pre-registrations
of asylum claims (“registered intentions”) pending in 2022 was 26,631, 206 a 40.58% increase compared
to 2021.207 Of those 1,825 were submitted to the Asylum Service through the Skype procedure, 13,230 to
the RIS and 11,576 to the Greek Police.208 Additionally, 14,942209 appointments for registration were
granted in 2022 through the Asylum Service electronic platform.
According to Greek law,210 an asylum application should be examined “the soonest possible” and, in any
case, within 6 months, in the context of the regular procedure. 211 This time limit may be extended for a
period not exceeding a further 3 months, where a large number of third country nationals or stateless
persons simultaneously apply for international protection.212 In any event, according to the Asylum Code,
the examination of the application should not exceed 21 months. 213
Where no decision is issued within the maximum time limit fixed in each case, the asylum seeker has the
right to request information from the Asylum Service on the timeframe within which a decision is expected
205
206
207
208
209
210
211
212
213
Report of the Working Group on Arbitrary Detention Visit to Greece 2 - 13 December 2019,
A/HRC/45/16/Add.1, 29 July 2020, available at: https://bit.ly/3dPiHSX, para. 61-62.
MoMA, Reply of the Ministry to the Greek Parliament, 16 March 2023, https://bit.ly/3JIy0y6.
MoMA, Reply of the Ministry to the Greek Parliament 2608/2022, 24 January 2022
MoMA, Reply of the Ministry to the Greek Parliament, 16 March 2023, https://bit.ly/3JIy0y6.
MoMA, Reply of the Ministry to the Greek Parliament, 16 March 2023, https://bit.ly/3JIy0y6.
The IPA in force during the first semester of 2022 and the Asylum Code that came into force on 10 June 2022.
Article 83(3) IPA and article 88(3) ASYLUM CODE.
Ibid.
Ibid.
55
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