1.5. Legal assistance
Indicators: Regular Procedure: Legal Assistance
1. Do asylum seekers have access to free legal assistance at first instance in practice?
Yes
With difficulty
No
❖ Does free legal assistance cover:
Representation in interview
Legal advice
2. Do asylum seekers have access to free legal assistance on appeal against a negative decision
in practice?
Yes
With difficulty
No
❖ Does free legal assistance cover
Representation in courts
Legal advice
Asylum seekers have the right to consult, at their own cost, a lawyer or other legal advisor on matters
relating to their application.321
Legal assistance at first instance
No state-funded free legal aid is provided at first instance, nor is there a legal obligation to provide it. A
number of non-governmental organisations provide free legal assistance and counselling to asylum
seekers at first instance, depending on their availability and presence across the country. The scope of
these services remains limited, taking into consideration the number of applicants in Greece and the
needs throughout the whole asylum procedure – including registration of the application, first and second
instance, judicial review and the complexity of the procedures followed, in particular after the entry into
force of the IPA. As noted by the UN Working Group on Arbitrary Detention ‘[t]he Working Group urges
the Government to expand the availability of publicly funded legal aid so that persons seeking international
protection have access to legal advice at all stages of the process, from the moment of filing their
application until a final determination is made’.322
Legal assistance at second instance
Free legal assistance shall be provided to applicants in appeal procedures before the Appeals Authority
under the terms and conditions set in the Ministerial Decision 3449/2021.323
The first Ministerial Decision concerning free legal aid to applicants was issued in September 2016.324
However, the state-funded legal aid scheme on the basis of a list managed by the Asylum Service started
operating, for the first time, on 21 September 2017.
According to Joint Ministerial Decision 3449/2021 regulating the state-funded legal aid scheme, asylum
seekers must request legal aid at least: 325
❖ 10 days before the date of examination of the appeal under the regular procedure,
❖ 5 days before the date of examination of the appeal under the Accelerated Procedure or the
application has been rejected as inadmissible,
❖ 3 days before the date of examination of the appeal in case the appellant is in RIC or in case of
revocation of international protection status.
When Article 90(3) IPA or 95(3) of the Asylum Code (“fast track border procedure”) applies, the application
for legal assistance is submitted at the time of lodging the appeal.326 The decision also explicitly provides
321
322
323
324
325
326
Article 71(1) IPA and Article 76(1) ASYLUM CODE.
UN Human Rights Council, Report of the Working Group on Arbitrary Detention, Addendum: Mission to
Greece, 29 July 2020, A/HRC/45/16/Add.1, available at: https://bit.ly/3dL8I0U, para. 85.
Ministerial Decision 3449/2021, Gov. Gazette 1482/13.04.2021. MD 3686/2020 was repealed by MD
3449/2021 according to Article 6 of MD 3449/2021, MD 12205/2016 was repealed by MD 3686/2020 according
to Article 6(2) MD 3686/2020
Ministerial Decision 12205/2016, Gov. Gazette 2864/B/9-9-2016.
Joint Ministerial Decision 3449/2021, Gov. Gazette 1482/B/13-4-2021. MD 3686/2020, Gov. Gazette
1009/B/24-3-2020 was repealed by MD 3449/2021 according to Article 6(2) MD 3449/2021.
Article 1(3) MD 3449/2021.
70
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents