However, applications lodged before the Asylum Unit of Fylakio by newly arrived persons who entered
through the Greek-Turkish land border and remain in the RIC in Fylakio in Evros are not examined under
the fast-track border procedure. In 2023, 7,079 applications were lodged before the Asylum Unit of
Fylakio.519
Asylum procedures are currently regulated by the Asylum Code. More particularly, Article 95(3) Asylum
Code foresees that the fast-track procedure can be applied as long as third country nationals who have
applied for international protection at the border or at airport / port transit zones or while remaining in
Reception and Identification Centres (RICs), are regularly accommodated in places close to the borders
or transit zones. Initially, a Joint Ministerial Decision (JMD) issued on 30 December 2020, provided for
the application of the fast-track border procedure under Article 90 (3) of Law 4636/2019 for those who
arrived at the Greek Eastern Aegean Islands.520
Main features of the fast-track border procedure under the Asylum Code
The fast-track border procedure under Article 95(3) Asylum Code repeats the previous legal framework
and provides inter alia that:
(a) The registration of asylum applications, the notification of decisions and other procedural
documents, as well as the receipt of appeals, may be conducted by staff of the Hellenic Police or
the Armed Forces, if police staff are not sufficient.
(b) The asylum seeker interview may also be conducted by Greek language personnel deployed by
EUAA. However, Article 95(3) also introduced the possibility, “in particularly urgent
circumstances”, that the interview can be conducted by trained personnel of the Hellenic Police
or the Armed Forces –as long as they have received specific training, as opposed to the strict
limitation to registration activities under previous L. 4375/2016.
(c) The asylum procedure shall be concluded in a short time period.
This may– and often does– result in compromising the procedural guarantees provided by the
international, European and national legal framework, including the right to be assisted by a lawyer.
Extremely brief time limits significantly affect the procedural guarantees to which asylum seekers are
entitled in a fast-track procedure and, therefore, there should be an assessment of their conformity with
Article 43 of the recast Asylum Procedures Directive, which provides that restrictions on procedural rights
in a border procedure cannot be imposed for reasons related to large numbers of arrivals.
More precisely, according to Article 95(3)(c) Asylum Code:
❖ the Asylum Service shall issue a first instance decision within seven days;
❖ the deadline for the submission of an appeal against a negative decision is ten days;
❖ the deadline for the submission of an appeal does not always have an automatic suspensive
effect, as provided by Article 110 (3) Asylum Code, and a separate application for suspension of
removal needs to be submitted before the Appeals Authority, within the deadline for the
submission of the appeal;
❖ the examination of an appeal shall be carried out within four days. The appellant is notified within
one day to appear for a hearing before the Appeals’ Committees or to submit supplementary
evidence; and
❖ the second instance decision shall be issued within seven days.
It should be noted that these very short time limits seem to be exclusively at the expense of applicants for
international protection in practice. In fact, whereas timelines are, as a general principle, not compulsory
519
520
According to information provided by the GCR lawyer operating in Kos.
Joint Ministerial Decision for the application of the provisions of par. 3 and 5 of article 90 of IPA, No
15996/30.12.2020, Gov. Gazette 5948/B/31.12.2020.
112
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