In line with said Decisions in force during 2019 and since 1 January 2020, the geographical restriction on
each asylum seeker who enters the Greek territory through the Eastern Aegean Islands is imposed
automatically when the asylum application is lodged before the RAO of Lesvos, Rhodes, Samos, Leros
and Chios and the AAU of Kos. The applicant receives an asylum seeker’s card with a stamp on the card
mentioning: “Restriction of movement on the island of […]”. In case the applicant holds the new type of
“smart card”, a separate category stating whether they are subject to the geographical restriction is
included on the card (e.g., stating “Άνευ” if no restriction is applied). No individual decision is issued for
each asylum seeker.
The lawfulness of the aforementioned practice is questionable, for the following reasons:
v No prior individual decision for the imposition of the geographical restriction is issued, as the restriction
is imposed on the basis of a regulatory (‘κανονιστική’) Decision of the Minister and no proper
justification on an individual basis is provided for the imposition of the restriction of movement on each
island, within the frame of the asylum procedure.913 According to the relevant Decisions, any asylum
seeker who enters the Greek territory from Lesvos, Rhodes, Samos, Leros, Chios and Kos is
initially subject to a geographical restriction on said island. The restriction can be lifted only if the
applicant falls within one of the categories provided by the Ministerial Decision. Consequently, the
geographical restriction in the asylum procedure is applied indiscriminately, en masse and without
any prior individual assessment. The impact of the geographical restriction on applicants’
“subsistence and… their physical and mental health”,914 on the ability of applicants to fully exercise
their rights and to receive reception conditions, by taking into consideration reception conditions
prevailing on the islands is not assessed.
v No time limit or any re-examination at regular intervals is provided for the geographical restriction
imposed;
v No effective legal remedy is provided in order to challenge the geographical restriction imposed by
the Minister of Citizen Protection, contrary to Article 26 of the recast Reception Conditions Directive.
The remedy provided under article 118(1) (formerly introduced by the amended Article 24 L
4540/2018 in December 2018) remains illusory, since an individual cannot lodge an appeal pursuant
to the Code of Administrative Procedure in the absence of an individual, enforceable administrative
act. In addition, no tailored legal aid scheme is provided for challenging such decisions (see Regular
Procedure: Legal Assistance). A fortiori, no legal remedy to challenge said restriction is provided by
the new Asylum Code that replaced the IPA.
During 2021 and in line with the legal framework in place at that time, the geographical restriction was
inter alia lifted in the following cases:
v Persons granted international protection;
v Applicants exempted due to the applicability of the family provisions of the Dublin Regulation;
v Vulnerable applicants for whom appropriate support could not be provided within the area of
restriction, though GCR is aware of several cases of vulnerable applicants for whom the restriction
was not lifted, even though neither special reception conditions nor special procedural guarantees
could be provided, not least, due to diverging practices between locations (also see Lift of
geographical Restriction).
As has been the case since 2021, data on the number of persons who had their geographical restriction
lifted in 2023 has not been provided, even though it was requested by GCR. Instead, the MoMA’s reply
to GCR’s January 2024 request for information makes reference to the availability of relevant “summary
and detailed statistical data on the work of the First Reception Service, the Asylum Service and the
Appeals Authority” on the MoMA’s website (https://migration.gov.gr/statistika/).915 Yet, as is the case with
913
914
915
Article 7 recast Reception Conditions Directive.
Article 17(2) recast Reception Conditions Directive.
MoMA, Analysis and Studies Office, Reply to GCR’s request for information for the preparation of the updated
Annual Report on Greece for 2023 in the framework of the Asylum Information Database (AIDA) project,
received on 14 February 2024 (protocol number: 55259).
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