Asylum

Last update : November 2024

What kinds of asylum exist in Greece?

There are two forms of international protection status when you apply for asylum: 1. Refugee Status and 2. Subsidiary protection.

According to law a Refugee is “someone who is unable to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.”

Subsidiary protection applies to persons who do not qualify for refugee status, but who would face a real risk of suffering serious harm if she returned to her country of origin.
Serious harm is defined as the risk of:

“(a) death penalty or execution”
“(b) torture or inhuman or degrading treatment or punishment in the country of origin”
“(c) serious and individual threat to a civilian’s life or person by reasons of indiscriminate violence in situations of international or internal armed conflict“

Thus, this status is issued based on the overall situation in your country of origin, when there are no individual reasons for persecution.
In practice, the boundaries between those two forms of asylum status are quite fluid and are sometimes interpreted differently by different case workers and regional Asylum Service offices.

What does vulnerability mean and who is considered vulnerable in asylum law?

Within the asylum procedure persons who have higher needs because they face increased problems and thus have certain extra rights are called “vulnerable”. In Greek law, the following people are considered vulnerable:

unaccompanied minors (if you’re under 18 and without any family)
single parents of minor children (under the age of 18)
Pregnant women
People with serious illnesses
People with cognitive, mental and psychiatric disabilities
People with disabilities
Elderly people (above 65 years)
survivors of torture , rape or other severe forms of psychological, physical or sexual violence such as female genital mutilation (FGM)
Direct relatives of those killed in shipwrecks (parents, siblings, children, spouses)
Survivors of trafficking (when you have been forced, compelled or coerced to labour, services or commercial sex by a third person or group)

Attention! In order to register your vulnerability remember that in many cases you have to disclose it actively and if possible provide proof such as doctor/psychologist certificates or social reports.

What are the special rights of “vulnerable” persons within the asylum procedure?

Persons who have proof of vulnerability may have faster access to register their asylum claims with the help of a lawyer. A lawyer legally representing you can contact the asylum authorities and ask for a quicker appointment for registration.

Attention! Success is not guaranteed.
Vulnerability strengthens your asylum case as it presents (extra) reasons why you cannot be returned to a “safe third country” (such as Turkey) or your home country.
Based on your vulnerability a lawyer can request from the competent asylum or appeals authorities:

special procedural guarantees within the asylum procedure and from the Reception and the competent Identification Service (RIS) of the Ministry of Migration and Asylum
special reception conditions

However, in practice a vulnerability assessment takes place only upon registration of your asylum claim and even then vulnerabilities sometimes go identified, so the legal guarantees are not provided automatically. This is why it is very important to have the support of a lawyer if possible, and to proactively inform the Asylum Service about your issues and experiences directly. “Reception conditions” can be provided by the state in the form of money, material aid (for example shelter in camps and cooked food handed out there) or services (for example medical first aid or Greek language classes). In practice, people new in Greece are given only access to general reception conditions once they register their asylum claim and hold an applicant’s card, as it is considered by the state that only then the asylum procedure has officially been started.

Requesting special procedural guarantees or reception conditions is your legal right. Even though in practice the Greek state does not provide adequately for vulnerable people, asking for your rights should not harm your situation but could bring along some small improvements – mostly in the form of awareness of the involved actors in the Asylum Service and the camp management and accordingly increased sensitivity to you. In any case, there is no other form of reception conditions in Greece than being sheltered in camps, so reception conditions are unlikely to improve based on such applications.

In general the documentation/proof of your vulnerability and its recording by the asylum authorities are highly important and you should pursue this from the very beginning of your arrival in Greece.

How can I document and prove my vulnerability?

There are some visible vulnerabilities (i.e. pregnancy, physical disability) and others not always visible (i.e. psychological problems, being a survivor of any form of violence). In any case, a great part of the asylum procedure is conducted in written form, for example with online applications or email correspondence and your file at the asylum service is a data collection of written documents. Thus, it is crucial to collect as much proof of vulnerability as well as documents to support your asylum claim in written/printed form. This could be doctor/psychologist medical certificates, medicine prescriptions, psycho-social reports, photos etc.

Attention! Never submit any documents to the Asylum Service without consulting your lawyer if you have one, or seeking advice from a qualified legal adviser if possible. Everything you submit will be added to your file and cannot be taken back. All information in your file must be consistent. Therefore, it is crucial to always double check that all documents have the same correct writing of your name, family name and birthdate. For more detailed reports including parts of your life history it is also crucial that the information is correct and consistent with what you have stated before the Asylum Service and oher state authorities. Always seek an oral translation of the content once you receive such a report and consult with your lawyer who knows your asylum case well to check if everything has been understood and written correctly.

Can I choose the gender of the interviewer/interpreter?

You have the right to request the Asylum Service to provide you with a particular gender of caseworker and interpreter.

How do I prepare for my asylum case if I am with my family in Greece?

You have the right to seek information, legal advice and legal aid for your asylum procedure. Even if you are in Greece with your family, you will be interviewed alone. You should therefore seek to understand the asylum procedure and your rights and obligations yourself.

Attention! If you have a lawyer for your family, it is best if the preparation of your asylum case is conducted partly together (for consistency) and partly separately (for privacy), so that you (and your spouse) can be sure not to have contradictory accounts but also be able to speak freely about everything important to you as a family but also as individuals.
Often, the interviews of a wife and her husband are conducted on the same date and by the same case-worker. If this is the case, usually the man will have his interview first and the wife second. This is based on the assumption that in most cases the man has been the person mostly acting outside of home in the country of origin and is thus more likely to be the main person persecuted who also can explain more details of the reasons of persecution.

Attention! Everyone’s account, perspective and reasons for persecution are equally important - you must tell your story during the interview.

How can I best prepare for my asylum interview to explain the reasons for persecution that made me flee my country and that don’t allow me to go back?

When you claim asylum, you are asking for protection. In order for the Greek Asylum Service to assess whether you should be granted protection (given a positive decision as a refugee, or subsidiary protection) so that you can stay in Greece, the Greek Asylum Service interviews you. During the asylum interview, a case worker representing the Greek Asylum Service asks you questions in order to examine your personal situation in your home country, the individual reasons why you left your country of origin and why you cannot return. A translator assists the communication. The decision over your claim will be made by a different case worker than the one who conducted the interview taking into account the general security situation in your own country for someone of your profile.
You will be asked if you are feeling good and if you can proceed with the interview. This is the first important opportunity to explain if you (or your children) have any important health or psychological problems, explain symptoms, name the prescribed medication or treatment and show relevant medical certificates. You can say that you are not fine generally - if that’s the case - but add that you still want to proceed with your interview, if you are well enough to do so and don’t want the interview to be postponed.
Then the personal information you already shared during registration will be cross-checked with you and you should check whether all the names and birthdates, religion, nationalities, ethnicities and years of school etc. are recorded correctly.
In the rest of the interview, you will be asked a number of standard questions and some extra questions, specific to your story, for better understanding of your case. The most important questions are the following two openly asked ones, where you should explain everything important in a longer answer and talk as much as necessary to explain all important events, reasons, fears and thoughts. These two questions are not the same as most of the other questions where you are asked for specific information. Here you are invited to talk freely so try to tell everything:

A. Why did you leave your home country? - meaning what dangers did you face that forced you to escape

B. Why can you not return to your country and what would happen if you would return? - meaning what dangers would you face upon return and who are the actors you are scared of and why would they find you and put you in danger anywhere in your country (the state authorities, specific other groups, your relatives etc)

It is important to understand that you can get a positive decision, even if you escaped before being persecuted in your country. Nothing in the law says that you must already have been persecuted. If you have already suffered persecution, it is important to explain as this can indicate to the Greek Asylum Service that something bad might happen again if you returned. But if you have already been persecuted in your country, it does not mean you will always get a positive decision in Greece. Even if the Greek Asylum Service believes you, they will only give you a positive decision to stay in Greece as a refugee, if they believe that it is not safe for you to go back to your country now. It is very important to focus on the risk to you in future, to explain your fear of return, not just what has already happened to you.
In your answers, try to reply carefully to the questions, be clear, precise and give as much detail as possible especially about the events or issues that caused you to leave and fear return to your home country. Make sure you understand the question and answer it directly - do not be shy to say that you do not understand and need the interviewer to rephrase questions. It can cause problems if you answer a question that you do not understand as you may give irrelevant information or make it seem as if you do not want to answer the question.

Prepare for your interview beforehand. It is important to be able to tell the events that finally brought you to the decision to escape your home country in a chronological order to help the interviewer to understand. These crucial events that explain also the dangers you faced you have to explain in detail as this is considered a sign of your credibility .

If you do not remember exact dates when something happened, don’t force yourself to say anything you are not sure of, but say as much as you can to describe the point of time an event took place. For example: “this happened around my child’s 3rd birthday”, “I think it was the summer before we left”, “it was 3-4 years ago, I don’t remember exactly”, “it happened after I got the first time attacked” etc.

Attention! Do not listen to non-lawyers telling you about “strong cases” or what documents to file with your case. Prepare all this together with someone who is specialised in asylum law.

The asylum interview is the most important part of your asylum procedure. You have to speak about all forms of danger, persecution, rights violations, threats, violence and fears etc. that you experienced in order to increase your chances to get asylum. It’s for your own good. You can prepare yourself with a psychologist or even be accompanied by a psychologist/social worker/lawyer to make you feel more safe during your interview.
The employee of the Asylum Service and the translator are obliged to keep all information you share private. They will not share anything with your family. Interviews are conducted individually, which means that if you have a spouse and/or children none of them will attend your interview.
In most of the cases of families arriving together when the marriage is considered credible, spouses receive the same case number and the Asylum Service creates a common file and the case will then be considered together. However, if you do not have the same nationality the Asylum Service will register your cases separately and you will get different case numbers. Your cases will not be treated as a family but your files will be linked. You will be issued an asylum decision together mentioning a brief summary of the reasons of persecution you (both) named.

Attention! If you revealed information in your interview you don’t want to be shared with your spouse (through the asylum decision later), you have to ask for separate asylum decisions.

Attention! If you started your asylum procedure together as a couple (with the same case number) but separated later and want your cases to be considered separately, you can apply at any point of time until your date of interview for a separation of files. After that point you can separate the files only upon proof of separation from your spouse such as a signed declaration stating that you are no longer together.

For a separation of files apply here: applications.migration.gov.gr/apps/type-6-applications/create

Which countries of origin does Greece think are safe and what does this mean for my claim for asylum?

A country is categorised as a “safe country of origin” when according to Greek authorities it is evident that persons in these countries do not generally suffer persecution, nor torture, inhuman or degrading treatment or punishment, nor a threat resulting from the use of generalised violence in situations of international or internal armed conflict. Essentially, the Greek authorities believe that people from these countries are not usually fitting within the legal definition of who is a refugee.

Greece provides for a catalogue of “safe countries of origin” in law similar to other EU countries. As for the year 2023 there are currently 16 countries listed: Ghana, Senegal, Togo, Gambia, Morocco, Algeria, Tunisia, Albania, Georgia, India, Armenia, Pakistan, Bangladesh, Benin, Nepal and Egypt. This list is reviewed and adjusted on an annual basis every November, thus it’s important to stay updated on changes.

Coming from one of these countries does not mean that you cannot claim asylum. You have the same right to claim asylum and have your case properly considered. However, in your asylum interview with the Asylum Service and in your asylum procedure in general,you must explain any serious reasons that your home country is not safe - in your specific circumstances and bearing in mind the legal definition of a person in need of refugee status or subsidiary protection explained above. However, you have the full burden of proof, meaning that you and only you have to persuade the authorities and prove that you are in danger in your country even though it is considered as safe.

The asylum procedure for persons from “safe countries of origin” is conducted as an “accelerated procedure”. This is a fastened procedure based on the assumption that it’s likely you will not receive international protection. In practice the difference of the accelerated procedure is shorter deadlines for the issuance of decisions (20 days instead of six months) and for submitting appeals (20 days instead of 30). Rejections are issued as “manifestly unfounded” (instead of merely “unfounded”) and in most cases, appeals do not automatically have a suspensive effect. That means that in order to protect you from the risk of deportation your lawyer has to make a separate application.

Who is affected by the “accelerated procedure”?

Most people affected by the accelerated procedure come from the “safe countries of origin” as explained above. However, this faster procedure can also be applied if you are from a country that is not on the list of “safe countries of origin”. In practice this happens rarely, but it can happen for example if you do not explain any reasons for leaving your country that are relevant to the law about receiving protection (refugee status / subsidiary protection, see above). It also can be applied when the asylum authorities have strong reasons to believe that you are deliberately misleading them, presenting false information and forged documents or presenting severe contradictions in your case. Another example is when you refuse to cooperate in giving fingerprints or if there are strong reasons for the Asylum Service to believe that you disposed of your identity documents in an attempt to hide your real nationality and identity. Finally, the accelerated procedure can be applied when asylum authorities consider there are serious grounds to believe you are a threat to the public order or national security of Greece.

What is the procedure for people who have already claimed asylum in Europe before?

If you have claimed asylum in Europe in the last 10 years, your fingerprints from the other European country will be found in EURODAC, when you register your claim for asylum in Greece.

If you have not left the Schengen Area for more than 3 months before reaching Greece now (and hold proof of this), then Greece will make a request to this other EU-country to see if they will take you back or not. You should think beforehand if you want to be sent to that country or not. IF not, and IF the Greek Asylum Service informs you that they will request you to go back, you should ask for the advice of a lawyer to help you stay. If you want to be sent back because you have your old “first” fingerprints in – for example – Germany or some other country, you can inform the Greek Asylum Service yourself about your fingerprints there and provide them with evidence. Yet it depends on the reasons and the way you left the country (deported, voluntary return etc.) and on other factors if they will take you back or not and in general we haven’t heard of any such cases lately. Ask a lawyer about your individual case to be sure.

In any case, you will have to explain new reasons for persecution that occurred after your first asylum procedure in Europe was ended (additionally to your old reasons of escape from your home country). You are allowed to make a new claim for asylum, as your old claim closes after a certain period of time, when you do not appear to be in the country.

What is the admissibility procedure (Turkey interview)?

According to current law, if you have entered Greece through Turkey and if you belong to the following five nationalities: Syrian, Afghan, Somali, Pakistan and Bangladesh, after registering your asylum application you will first undergo an “admissibility procedure” where it will be examined if you are safe to be returned to Turkey and conduct your asylum procedure there. Due to the Greek Law that provides Turkey to be a safe country for those five nationalities, you have to persuade the Greek Asylum Service that in your individual and personal case Turkey was not safe and is not safe to go back. Only after receiving a positive decision, can you proceed with your asylum procedure.

However, since March 2020 no legal returns (readmissions ) to Turkey have been implemented. That means that a rejection would currently not put you in real danger to be returned, but it would lengthen your asylum procedure.

Attention! Always ask for up to date information to know if the situation concerning returns to Turkey has changed!

Attention! If you have been in Greece for over 1 year and you do not have strong connections to Turkey the Greek Asylum Service allows asylum claims to continue in Greece.

Attention! Admissibility procedures are also implemented for the few people arriving in Greece through North Macedonia or Albania. If you declare that you travelled through Albania or North Macedonia, whatever your nationality, you will have an admissibility interview, in order to understand if you can proceed with your asylum case in Greece. We haven’t heard of cases of readmissions (legal returns) to those two countries and there is also no information available to the public. However, if you are affected seek advice from a lawyer as these cases are very specific and depend on your individual circumstances.

For more information on the admissibility procedure see here: w2eu.info/en/countries/greece/admissibility-interview

I want to make my asylum procedure faster, how can I do that?

The asylum procedure in Greece in general has been fastened up compared to the last years, so even though you may experience every day as a burden, in terms of the duration of the asylum procedure it’s generally better than before. As we receive many requests of support to speed up asylum procedures – which is understandable – we want to emphasise here that you must have adequate time to prepare for your asylum interview, otherwise it can damage your case. If you don’t have enough time to seek legal information about the asylum procedure, to prepare your case, find a lawyer and collect any available evidence for your cases and your vulnerability, you may face negative results although having a strong case. It can also be helpful to be in Greece longer, if the “admissibility procedure” (or “Turkey, North Macedonia, Albania - Interview”, see above question) applies to you.

If you still want to apply for a faster asylum procedure there is an online application form available on the page of the Greek Ministry of Migration and Asylum where you can submit such an application for free: (https://applications.migration.gov.gr/apps/type-3-applications/create) You can change the language of the page on the top right. As a reason you can choose between “vulnerability” or “other”. In the latter case you have to further explain the “other” reasons. Below you should upload any documents that prove your vulnerability or the “other reasons”.

Attention! If you apply for a faster interview appointment it may be accepted or not. If accepted, the new date could even be tomorrow, in a few days, next week. For this reason we recommend not to apply unless you have fully prepared all relevant documents for your interview and you are able to explain in detail and in a chronological manner the events that lead to your escape from your home country and the reasons why you had to leave and why you cannot return. It is best to prepare as well as possible for the interview in order to receive a positive decision at first instance and not face the difficult appeal procedure. Please understand how important your first asylum interview will be for your future. It is highly recommended to take your time instead of hurrying through the asylum procedure.

Who can help me with my asylum procedure?

Proper information and advice is best from professional Greek lawyers experienced in refugee law that can support your case. All major NGOs supporting refugees provide lawyers for free. As they may have some waiting times, try as soon as possible after arriving in Greece to find a lawyer. You also have the right to get a private lawyer if you prefer, but paying a lawyer or even paying a lot of money does not automatically guarantee that you will have better support. If you search for a private lawyer make sure to choose one specialised in asylum law. A good lawyer you do not recognize by the fact that he or she is able to speed up your asylum procedure but by the fact that he or she will spend sufficient time asking you questions and understanding your story, your family and health situation and reading through all your documents. The lawyer will explain to you in detail the asylum procedure and also answer all your questions. To be represented by a lawyer you must sign an authorization letter which should be legalised once you have papers (asylum card) by your official signature before a municipality office (in Greek: KEP) or by Ministry’s staff in the camp where you live. The authorization will be sent by your lawyer to the Asylum Service where it will be placed in your file. If you lack valid papers you may either simply sign your signature (without legalisation) or - if needed according to your lawyer - you will have to sign in front of a notary at the given costs (around 50-70 Euros). The power of attorney is a paper that gives the lawyer your consent to communicate with the Greek authorities on your behalf, send applications or file supportive documents, appeals etc. - generally speaking to work on your case officially.

Attention! You can be only represented by one lawyer in your asylum procedure. If you are represented by a lawyer from an NGO, it is possible that other lawyers from the same organisation also support your case.

Attention! Greece provides for a system of free legal aid from the government only in the appeals procedure. You can request the assistance of a lawyer from the Asylum Service in case of a rejection online here: applications.migration.gov.gr/apps/type-7-applications/create

While you search for a lawyer, you can also seek legal advice and information from independent support groups such as Mobile Info Team or Infomobile / welcome to europe. They may also be able to connect you to NGOs/lawyers in case you haven’t been successful yet in your search.

Attention! The case workers of the Ministry of Migration and Asylum working within the camps cannot be your lawyers or represent you in your asylum procedure and you won’t have any problem with the camp authorities if you seek the help of a lawyer. Proper legal representation is your right and it also eases the work of the camp authorities, once there is a professional supporting you in your asylum procedure. Lawyers and the Ministry’s case workers working in the camps cooperate, so do not be afraid to take a lawyer.

Find contacts with organisations that offer free legal aid and/or information in the end of this booklet or check online here: w2eu.info/en/countries/greece/contacts

Find Mobile Info Team’s whatsapp hotline numbers here:

English: +30 694 828 5026;
Arabic: +30 694 222 2325,
Farsi: +30 694 228 8922,
Urdu: +30 694 828 5104
French: +30 694 828 5102.
Send any information requests about Greece or other EU countries to welcome to europe / w2eu here: contact@w2eu.info.

Can I change my lawyer?

Yes, you can change your lawyer at any given time by informing them and you have the right to take a copy of your complete file with you. Some lawyers request a written statement, that you withdraw from their help, others not. In any case, if you have made oral or written agreements of payment with a private lawyer you are obliged to pay the agreed price before any change. Some private lawyers may charge you also for printed copies of your file. You can also request to receive any documents via E-mail - as long as they exist in digital format.
Attention! Don’t forget to always take copies of any documents shared by the Asylum Service with your lawyer. You may later lose the contact with that lawyer and it will be more time consuming and difficult to regain the documents from the Asylum Service. Keep all your documents together in one file.
Can I take somebody with me to the asylum interview for my support?
You can take along your authorised Greek lawyer, doctor, psychologist/psychiatrist and/or social worker.

Attention! If you have a lawyer, doctor, psychologist/psychiatrist or social worker who is not Greek it is very likely that they won’t have a Greek work permit in their profession (especially if they don’t speak Greek) so it is not guaranteed that the Asylum Service will accept them to join you during the hearing. Usually, asylum seekers are accompanied by their authorised Greek lawyers.

How are my children included in the asylum procedure?

When families with children or single parents apply for asylum, the asylum cases of parents and children are linked. Children under the age of 14 usually are not interviewed. In any case the parents always have to speak also on behalf of the children during the interview. Explain also why they were in danger in your home country and what kind of dangers they would face upon return.

Attention! If you have arrived with your spouse but requested separate cases/files, a new case number will be provided to the requester, but the children usually remain under the first case number unless a court decision provides otherwise and the requester also has custody of them.

I arrived in Greece with my spouse (and child/ren), but we don’t have a marriage certificate. Do we need to prove to the Asylum Service that we are married and how can we do that?

Most people arriving as refugees and irregularly in Greece have not been able to bring along their identity documents, family status documents or other printed proof as it got lost, stolen or confiscated on the way. First of all it’s important to tell the Asylum Service that you are a married couple and secondly if you have original proof or copies/photos you can show these. Usually, reported marriage is registered as marriage - especially when you arrive together. But sometimes when the Asylum Service employees have severe doubts, it is not. Then you will have separated case numbers and asylum files.

Which asylum service is responsible for our family’s case if me and my spouse are different nationalities?

Greece has asylum service offices in different parts of the country. According to your place of residence, your case is handled by the nearest office. However, in Athens there are multiple offices which are each responsible for different nationalities of people. Therefore if you live in or around Athens, the asylum office responsible for your case will depend on your nationality. If your family members have a different nationality to your own, different offices may be responsible.

Attention! Sometimes this results in a confusion about which office will be responsible for your children that can lead to delays in the procedure - the asylum office of your children will depend on whether they have their mother or father’s case number AND whose nationality they hold.

My family name and the family name of my children are different. Does that affect my asylum procedure, custody or future life?

Having different family names within your family does not negatively affect your asylum case. Sometimes spouses hold the same family name, sometimes they don’t.

Remember! If you arrived without your spouse but with children, state the full name of your spouse during your asylum case. This will be important later for any family status documents or custody procedures.

I arrived in Greece without my spouse/fiancé. Is it important to mention him in my asylum case?

You will be asked if you are married. If you state you are married or you have a fiancé this will be recorded in your asylum file. Based on this information you may later at some point be possibly able to apply for family reunion or family reunification. If your spouse or fiancé is back in your home country, or in another country outside of Europe (i.e. Turkey) you may try to reunite once you get a positive asylum decision (family reunion). If your spouse is in another country in Europe where you want to join him you can either apply for family reunification (based on the Dublin III Regulation ) once you register your asylum claim in Greece or for family reunion (through a visa procedure at the competent embassy) once he holds refugee status.

Attention! You will remain registered as married and if you later separate and want to marry a different person, you must first divorce. If you have a fiancé this is not necessary. If you are a married couple, you automatically share custody of your children, according to Greek law. In order to get full custody you have to take legal steps.

Is it better to hold my asylum interview through video conference in the camp or face-to-face in the office of the Asylum Service?

Generally speaking it is always better face-to-face as you sit in front of the case worker and the interpreter and communication and understanding is much more guaranteed. Through video calls, there might be technical issues that create obstacles to the mutual understanding (i.e. bad sound or interruptions in the connection). While the distance means that the caseworker will not be able to see your reactions so clearly, your body language is still very important as it can give an impression of your credibility. On the other hand, we understand that many people live in distant camps so traveling to the competent asylum office for the interview is costly and tiring - especially if your family consists of many people. If possible, try to conduct the interview face-to-face. If you come from a country where many people get rejections it is even more important to create the best possible circumstances for your interview and thus try to have it at the Asylum Service.

My asylum application has been rejected (in the first instance). What can I do now?

You have the right to appeal the decision (be it an admissibility or an asylum decision) within the lawful deadline which is either 10 days, 20 days or 30 days (depending on the reason of the rejection) from the day you received the decision by email or post/in the camp. If you received the decision via email then another 2 more days are added to the deadline. You find the deadline at the end of your decision. When you get a printed decision you receive a paper note with the date of receival marked. If you received the decision by email you have to check the date it arrived in your inbox.

You need to file a signed appeal at the Asylum Service. The appeals are examined by the so-called Appeals Committees (not the same institution that examined your asylum application). You need to personally appear at the date your appeal is examined otherwise your asylum procedure may be terminated, but in most cases you won’t be interviewed or heard. For this reason it is crucial to have a lawyer filing a properly prepared appeal and representing you at the appeals committee. Your lawyer will also inform you if you have to present yourself at the Committee, when and where.

An important part of the preparation of your appeal is that your lawyer has access to your asylum file (your registration and asylum interview and any documents you shared with the Asylum Service), in order to understand what exactly has been recorded until that point about you and your reasons of persecution and your possible vulnerability. This is crucial in order to not write anything contradictory to what you already stated but also to strengthen your case where possible. The lawyer will also ask you in a personal meeting about your story and background to collect additional information for the appeal.

You can apply for a free lawyer at the asylum service if you cannot find one at any refugee support organisation within the deadline or if you don’t take a private lawyer. Ask camp employees to help you or apply yourself here: applications.migration.gov.gr/apps/type-7-applications/create

If a camp employee applies on your behalf for a lawyer paid by the government,they will ask you to share your contact number and email and fill in the form for you. You will receive an answer to your application by email and you will be told to visit the asylum service to meet your lawyer and sign your appeal in person.

The acceptance rate of appeals decisions is generally very low in Greece, so you have to prepare well. It is crucial to prepare the appeal in the best way as everything written or said in the appeals procedure will become part of your asylum case (your file) and will be the grounds also for the continuance of the procedure later.

Remember! Don’t worry, even after a rejection of an appeal you can either bring your case to a court in case of errors in law and/or file a subsequent application - so a rejection in this phase of your asylum procedure is not the end of your journey.

Attention! Seek proper legal aid at every stage of your asylum procedure!

What steps can I take to prepare my appeal better?

Before meeting up with your lawyer you can save time and prepare yourself. These are helpful steps you can take yourself in advance:

An authorised lawyer can request a copy of your full file from the authorities but there is very little time to prepare for an appeal and find a lawyer, so having crucial documents already in your possession can be very helpful. Either get the copies from your former lawyer (in case you changed lawyers) or request a copy of your asylum file at the asylum service via the online platform of the Ministry here: https://applications.migration.gov.gr/apps/type-2-applications/create
Ask the camp employees to provide you with proof of residency, stating that you live in the following camp/address.
If your child/ren are enrolled in public school, ask for a certificate from the school that proves their enrolment
If you have health problems or psychological problems collect doctors/psychologist certificates that write your medical condition and necessary treatment

Attention! Show your lawyer the original documents or scan/take good photos of them and send them to your lawyer.

I received a positive decision but my spouse got a rejection (or vice versa), what can I do?

Normally this should not happen as your cases should be considered together. However, when you don’t apply for asylum at the same time it can happen that spouses get different asylum decisions. Also in some cases, if you left your country for reasons related to only one of you, the requirements to be recognized as a refugee might not be fulfilled for both of you.

If one of you got a positive decision and the other got a first rejection and missed the deadline to appeal or got a second rejection, then this latter person can lodge an application for regularisation to receive a residence permit based on family grounds. This residence permit is mainly meant for core family members (spouse, minor children). But if you suffer from mental or physical disability or serious sickness and depend on the help of a relative who is not your spouse (i.e. your parent, adult sibling or child) or vice versa, it’s also possible to apply for it. Law allows one to apply for this residence permit once no more options are left within asylum law.

I arrived in Greece after my spouse, who had a positive asylum decision in Greece. What are my options to get a residence permit too?

Your spouse should inform the Asylum Service that you arrived. They can also accompany you for the registration to the RIC of Malakasa/Diavata. If they bring along proof of address and any other documents that may prove that they need your help (for example if your child is already living with them) or you need their assistance), you may be able to avoid the 25-day stay inside the camp for registration. Then you have to apply for asylum (opening your own case file). In case your asylum application gets rejected in a second instance you can then file an application for a residence permit based on family grounds.

What can I do to continue my asylum case if I receive a second rejection?

In order to obtain (again) documents there are two possible ways: A. You have the right to lodge an application for annulment (αίτηση ακύρωσης) before the Administrative Court of First Instance i.e. of Athens or Thessaloniki within 30 days from the notification of the rejection if there has been an error of law during your asylum procedure and B.you can make a subsequent claim for asylum (claim asylum again with additional new grounds).

A. The court procedure has expenses of some hundred Euros and makes sense only if a lawyer after reading your asylum decisions recommends it based on the fact that there were procedural wrongdoings by the authorities when rejecting your claim. You definitely need a lawyer for this procedure.

Attention! You have the right to apply for legal aid for court representation for this stage (so that the state provides you with a free lawyer in case you have no income/a very low income) however in practice this is currently not functioning well for multiple reasons. Also you can apply at the court to be excluded from paying the fees / part of the fees (in Greek: “ευεργέτημα της πενίας”).

B. If you apply for a subsequent application, this procedure has no expenses and is conducted again by the Asylum Service. This is a new asylum application based on new reasons and/or new proof. It is based on you first asylum claim but must include new/additional facts that have not been already stated in your asylum procedure, such as new events of persecution (i.e. a new act of threat) or new situations (change of government/law in your country, sickness, a change in your family situation etc) or new documents you obtained have not yet shared with the Greek authorities (i.e. court decisions, medical certificates etc).

Attention! If you are already represented by a lawyer from one of the non governmental organisations (NGO), ask if they can represent you in this procedure too. It is very difficult (but not impossible) to find a lawyer from an NGO to take your case for this part of the procedure, so start searching immediately. Very few organisations take such cases to the courts and cover the expenses, mostly, if they already represented your case in earlier stages and/or if they estimate your case to have good chances to win. It is equally hard (but not impossible) to find free legal aid for subsequent applications.

Attention! If you file a second subsequent application this costs 100 Euros per person, so better to prepare a first subsequent application in the best way - also because every new asylum application you file gets more difficult to argue for and to have again new reasons or proof.

How do I make a subsequent application?

The procedure to file a subsequent application once you have new reasons and/or proof is:

Request an appointment at the competent Asylum Service office through the online platform here: https://asylum.migration.gov.gr/international-protection-registration/subsequent_registration_appointment
Visit the Asylum Service on the date appointed to you holding all relevant new documents of proof and being prepared to explain your new (additional) reasons of persecution and any change that occurred since your appeal. You have to appear with all your core family (including children) and participate in a short interview. You will be handed a paper that states that you applied for a subsequent application (usually valid for 2 weeks), which you can show in any police control in place of an identity document. Within the next weeks the Asylum Service based on the information you shared with them will decide whether or not they will allow a subsequent examination of your case.
Visit the asylum service within the next 2 weeks to either obtain the decision or renew this paper.
Upon decision, if your application was rejected as inadmissible you can appeal against this decision within a very short deadline of five days. If it gets accepted you will be issued a new case number and new asylum seeker cards and you will receive a date for your interview.

What about my accommodation and support if I receive a second rejection?

You will receive the negative decision either from the camp, the Asylum Service directly for example upon renewal of your applicant’s card or by email. Your asylum applicant cards will become invalid, if you receive your rejection from the Asylum Service in person (not by post or email) they will take your asylum applicant card. Your case closes and you no longer have legal permission to be in Greece which puts you theoretically in danger of arrest and detention during the period after the rejection and before a subsequent application is filed. Also your social insurance number (PAAYPA) will not work anymore in this period and you won’t have access to the public health system except in emergency cases. Your monthly cash allowance will be stopped when you receive the rejection too. If you are living in a camp, the law says that you should leave within 30 days. However, in reality people often remain in their camp - practices vary and are liable to change but you will most probably stop receiving food from the authorities (at least the adults). You may face problems to enter/exit the camp you reside in or you may even be asked to leave the camp and find another place to stay by yourself.
In Athens there are some organisations that offer humanitarian aid (usually in the form of food and hygiene items) in such situations and others that provide for medical aid also for undocumented people. Check the current (english) contact list here (for change of language click on your language on the top of the page):
w2eu.info/en/countries/greece/contacts

What is the average waiting time to receive my asylum decision or why do others get their decisions faster?

There is no single answer to this question. It depends on the workload of the Asylum Service, the complexity of your case and respectively the efforts of the case worker to argue for or against a positive decision. Every case is different and every situation is different. Currently people receive answers between 1-6 months, but sometimes also sooner or later.

Attention! In times with higher arrival numbers, when camps are full or in other periods of crisis you might observe exceptional procedures and durations of asylum procedures.

Attention! Do not get stressed if others get quicker answers. That’s no negative sign for your case.

Attention! Sometimes a decision may have been issued but the information did not reach the person affected. It is good to contact the Asylum Service to ask whether or not your decision was already issued, but it is not helpful to send an email everyday. If you have a lawyer, he/she can ask on your behalf.