December 2022.294 Of these, 4,134 (23.74%) had been pending for a period of over 12 months since the
day they were registered, 2,334 (13.53%) were pending for a period of over 6 months and 10,781
(62.50%) were pending for a period of under 6 months.295
The extent to which such delays are still pertinent in 2023 is not possible to assess, as data on the duration
of the procedure at first instance has not been provided by the MoMA, even though GCR has requested
it. Instead, following the latest such request sent by GCR in January 2024, the MoMA replied by referring
GCR to the Ministry’s website “and in particular at the link https://migration.gov.gr/statistika/ [where] the
monthly newsletters are published, alongside relevant annexes, which include summary and detailed
statistical data on the work of the First Reception Service, the Asylum Service and the Appeals Authority
[…]”. However, a closer look at the public sources referenced by the MoMA highlights that the specific
data is not available, while the marked 73% increase in the number of applications pending in December
2023 (29,885), compared to the same month in 2022 (17,249), is by itself an insufficient indicator of the
procedure’s duration.
That being said, ongoing delays of months and in some cases of even more than a year in the conduct of
asylum interviews on account of gaps in the provision of interpretations services were reported at least in
Malakasa RIC and Ritsona camp in March 2024, with the gaps also impacting on applicants’ ability to
communicate their needs with the camp’s staff.296
1.2. Prioritised examination and fast-track processing
The Asylum Code sets out two forms of prioritized examination of asylum applications.
Firstly, the Asylum Service shall process “by way of absolute priority”, claims concerning:
(a) Applicants undergoing reception and identification procedures who do not comply with an order
to be transferred to another reception facility, if their non-compliance hinders the smooth
completion of the examination procedure;297
(b) Applicants who are detained.298
In accordance with articles 46(c) and 50(8) Asylum Code, processing by way of “absolute priority” means
the examination procedure needs to be concluded within 20 days, albeit articles 42(γα) and 88(7) Asylum
Code, both of which cite the preceding articles, mention a 15-day deadline for the same purpose,
highlighting an inconsistency in the law.
Secondly, the law provides that an application may be registered and examined by way of priority for
persons who:299
(a) Belong to vulnerable groups, insofar as they are under a “restriction of liberty” measure in the
context of Reception and Identification procedures;
(b) Fall under the scope of the Border Procedure;
(c) Are likely to fall within the Dublin Procedure;
(d) Have cases which may be considered as manifestly unfounded;
(e) Represent a threat to national security or public order; or
(f) File a Subsequent Application;
(g) Come from a First Country of Asylum or a Safe Third Country;
(h) Have cases reasonably believed to be well-founded.
From 2014 up until the first half of 2021, Syrians and stateless persons were eligible to a fast-track
procedure examining their cases and often resulting in the granting of refugee status. This also applied
294
295
296
297
298
299
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.
Solomon, “Lost for Words: Lack of interpreters puts asylum seekers’ lives on hold in Greece”, 27 March 2023,
available at: https://tinyurl.com/247fkvv6.
Article 46(c) Asylum Code
Article 50 (8) Asylum Code.
Articles 38(2) and 88(7) Asylum Code.
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