With a Police Circular of 18 June 2016 communicated to all police authorities, instructions were provided
inter alia as to the procedure to be followed when a third-country national remaining in a detention centre
or a RIC wishes to apply for international protection, which includes persons subject to the border
procedure.581
MoMA has not publicly released specific data regarding the number of asylum applications processed
under the border procedure at airports for the year 2024.
4.2. Personal interview
Indicators: Border Procedure: Personal Interview
Same as regular procedure
1. Is a personal interview of the asylum applicant in most cases conducted in practice in the border
procedure?
Yes
No
❖ If so, are questions limited to nationality, identity, travel route?
Yes
No
❖ If so, are interpreters available in practice, for interviews?
Yes
No
2. Are interviews conducted through video conferencing?
Frequently
Rarely
Never
The personal interview at the border is conducted according to the same rules as those described under
the regular procedure.
Where the application has been lodged at the Athens International Airport transit zone, the asylum
applicants are transferred in most cases to the AAU of Amygdaleza for the full registration of their asylum
application and for the interview. GCR is not aware of any interview through videoconferencing in the
transit zones to date.
4.3. Appeal
Indicators: Border Procedure: Appeal
Same as regular procedure
1. Does the law provide for an appeal against the decision in the border procedure?
Yes
No
❖ If yes, is it
Judicial
Administrative
❖ If yes, is it automatically suspensive
Yes
Some grounds
No
The Asylum Code foresees a deadline of 10 days for submitting an appeal against a first instance negative
decision issued under the border procedure.582 The automatic suspensive effect of appeals depends on
the type of negative decision challenged by the applicant (see Admissibility Procedure: Appeal and
Accelerated procedure - Appeal. Appeals against decisions rejecting applications under the border
procedure may not carry an automatic suspensive effect if the individual benefits from the necessary
assistance of an interpreter, legal assistance and at least one week to prepare the application for leave
to remain before the Appeals Committee.583
In practice, in such cases, the appellant has to submit a separate request before the Appeals Committee
for leave to remain on Greek territory pending the outcome of the appeal. This request is being examined
by the Appeals Committee on the same day as the appeal, so there has been no issue of removal from
the country until the notice of the second instance decision, as, in practice, only the submission of the
request for leave to remain has a suspensive effect.
In cases where the appeal is rejected, the applicant has the right to file an application for annulment before
the Administrative Court (see Regular procedure: Appeal).
581
582
583
Police Circular No 1604/16/1195968/18-6-2016, available in Greek at: https://tinyurl.com/ye85mfbc.
Article 95(3)(c) Asylum Code.
Article 110(3) Asylum Code.
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