Dublin procedure - Greece

Dublin procedure - Greece

Overview

Relevant EU legislation

Greece is bound by the Dublin III Regulation (AMMR) and applies its provisions directly.

National legislation

The provisions of the Dublin III regulation are directly applicable. 

In national legislation, Dublin-related provisions are embedded primarily in the Law 4636/2019 on International Protection, which has been replaced in parts by Law 4686/2020, and Law 4939/2022.

Competent authorities and stakeholders

Entity responsible for the Dublin procedure (the application of the criteria and mechanisms for determining the Member State responsible): Department of Dublin National Unit, Ministry of Migration and Asylum | Τμήμα Εθνικής Μονάδας Δουβλίνου, Υπουργείο Μετανάστευσης και Ασύλου.

Place in the institutional framework: The Dublin unit belongs to the Directorate of Administration Support under the Secretariat General for Migration Policy, which is part of the Ministry of Migration and Asylum. The unit is not part of the determining authority.

Competencies of the entity:

NoConducting the Dublin interview (specifically for the Dublin procedure, as part of the registration interview or handling the form to be completed during registration)
YesOrganising Dublin transfers
NoNotifying the transfer decision
NoAccompanying/escorting applicants during a Dublin transfer
YesSending and replying to take charge and take back requests to/from other Member States
NoReceiving applicants transferred under the Dublin procedure (meeting applicants at the airport/border crossing)
YesSending and replying to information requests to/from other Member States

Stakeholders involved in the procedure:

Handing over the common leaflet on the Dublin procedure

Reception and Identification Service | Υπηρεσία Υποδοχής και Ταυτοποίησης 

Asylum Service | Υπηρεσία Ασύλου

Conducting the Dublin interview (specifically for the Dublin procedure, as part of the registration interview or handing the form to be completed during registration)Asylum Service | Υπηρεσία Ασύλου
Referral of cases to the Dublin unit

Asylum Service | Υπηρεσία Ασύλου

Reception and Identification Service | Υπηρεσία Υποδοχής και Ταυτοποίησης 

NGOs, Lawyers and Counsellors can contact Dublin Unit

Sending and replying to a take charge or take back requestDepartment of Dublin National Unit | Τμήμα Εθνικής Μονάδας Δουβλίνου
Sending and replying to information requests to/from another Member StateDepartment of Dublin National Unit | Τμήμα Εθνικής Μονάδας Δουβλίνου
Notification of the transfer decisionAsylum Service | Υπηρεσία Ασύλου
Free legal assistance during the appeal of a transfer decisionThe Registry of Lawyers within the Asylum Service | Υπηρεσία Ασύλου provides free legal aid to applicants who can prove that they continue to remain in the country.
Representation of the asylum authority in an appeal against a transfer decisionMinistry of Migration and Asylum | Υπουργείο Μετανάστευσης και Ασύλου
Organising the transfer to the responsible Member State

Asylum Service | Υπηρεσία Ασύλου

Department of Dublin National Unit | Τμήμα Εθνικής Μονάδας Δουβλίνου

Hellenic Police | Ελληνική Αστυνομία

Providing information on the transfer modalities to the applicantAsylum Service | Υπηρεσία Ασύλου
Accompanying/escorting applicants during a Dublin transfer when necessaryHellenic Police | Ελληνική Αστυνομία
Receiving applicants transferred under the Dublin procedure (meeting applicants at the airport/border crossing)

Hellenic Police | Ελληνική Αστυνομία

Department of Dublin National Unit | Τμήμα Εθνικής Μονάδας Δουβλίνου informs the applicant about the procedures by phone

Court/authority responsible for deciding on an appeal against a transfer decisionAppeals Authority | Αρχή Προσφυγών (Independent Appeal Committees | Ανεξάρτητες Επιτροπές Προσφυγών)

Provision of information on the Dublin procedure

Information provision to applicants under the Dublin procedure is provided at the early stage of the asylum procedure, upon registration or lodging of the application for international protection (by Reception and Identification Service and the Asylum Services): i.e. when Dublin indicators arise and/or the Dublin procedure is likely to be initiated; when the applicant is informed that the Dublin procedure may apply. 

Information is delivered through a combination of registration procedures, interviews, supplementary registration activities, and written information leaflets in English (and other relevant languages where available), complemented by oral explanations by the above authorities during the relevant procedural steps. 

It is delivered on an individual basis. 

The elements covered include the purpose of the Dublin III Regulation, criteria for determining the responsible Member State, the rights and obligations of applicants, the possibility of transfer, and relevant procedural safeguards, as set out in the common EU Dublin information leaflet. 

The common leaflet is not systematically supplemented by additional national-specific information.

Right to legal counselling on the Dublin procedure

The state does not provide free legal aid to applicants in the Dublin procedure.

Personal interview for determining the Member State responsible

Organisation of the interview

There is no separate personal interview for the Dublin procedure in Greece. Dublin-related questions are asked during the regular personal interview, which is audio-recorded. 

Persons present during interview

The personal interview is conducted by the case worker or the team leader of the competent Regional Asylum Offices or Asylum Units, in the presence of an interpreter.

Notification of the transfer decision

The Asylum Service is informed by the Dublin Unit through an automated notification from the national database “ALKYONI II” that another Member State has accepted responsibility for examining the application for international protection. On this basis, the Regional Asylum Office or the Asylum Unit of the Asylum Service issues a Decision of Inadmissibility under Article 89(1)(b) of Law 4939/2022, in conjunction with Article 26 of Regulation (EU) No 604/2013 (Dublin III Regulation). 

The Decision is served in person or by email to the applicant by the Asylum Service. 

The Decision includes the transfer decision to the responsible MS and the legal basis for inadmissibility. It also informs applicants about their right to appeal and the deadline for appeal, as well as about the consequence of non-appeal, which is the enforcement of the transfer.

Remedies

Competent authority/courtThe Independent Appeal Committees
Deadline for review/appeal15 days
Deadline for decision on the review/appealThe national legislation does not set a specific statutory deadline for the Appeals Authority to issue a decision on appeals against Dublin inadmissibility decisions. Such appeals are examined under priority and expedited procedures within the asylum system, but without a fixed legal time limit for the issuance of the decision.
Suspensive effect of the review/appealThe appeal has automatic suspensive effect

Transfer arrangements

Transfers are arranged by the Asylum Service in cooperation with the respective Dublin Unit of the Member State which is deemed responsible. The Hellenic Police facilitates and supervises the transfer procedure. 

The applicant is informed on the exact date of the departure and flight modalities. 

All of the personnel of the Dublin Unit are trained on identifying special needs, such as cases with applicants who suffer from serious diseases, or other forms of vulnerability. The Dublin Unit has the ability to bring in contact the applicant with NGOs having the capability to help the applicant submit his Dublin request. Moreover, vulnerable cases are being prioritized. 

Apart from the deadlines established under the Dublin III Regulation, there are no formally established additional statutory timelines or binding deadlines applied internally that are publicly shared. 

However, Dublin cases are subject to internal prioritisation practices, particularly for vulnerable applicants and cases involving serious medical conditions, as well as other cases requiring urgent handling. These prioritisation measures are operational in nature and do not constitute formal deadlines.

Guarantees for minors in the Dublin procedure

Assessment of the best interests of the child: Best Interests Assessment for Dublin cases of Unaccompanied Minors (UAM) is a new tool to serve the needs of family reunification applications of unaccompanied minors developed by the National Dublin Unit and the Asylum Service to facilitate family reunification requests under the Dublin III Regulation. Τhe Greek authorities cooperated with UNHCR, UNICEF and EUAA to develop “Best Interests Assessment forms” for the purposes of implementing Dublin Regulation for applications of family reunification of UAM’s. The legal representatives/guardians of the UAM’s are asked to conduct a best interests assessment based on this tool in order to better substantiate the take charge request of the minor under the Dublin procedure. 

Legal guardian: When an UAM expresses an intention to apply for IP, the Asylum Service informs the competent Authority (Special Secretariat for UAMs) and the Public Prosecutor to appoint a legal guardian or representative for all the relevant procedures, including Dublin. 

National legislation does not provide specific list of tasks for legal guardians exclusively in the context of the Dublin procedure.

According to (Law 4939/2022), the legal guardian is responsible for the overall representation and support of the unaccompanied minor in all asylum-related procedures, ensuring that the best interests of the child are safeguarded throughout the process. 

Legal guardians receive training provided by the Institutional Protection Unit, as well as by authorised implementing partners, including METAdrasi and PRAKSIS, which are mandated by the Public Prosecutor to carry out guardianship functions. They may receive general training related to their role in the protection of unaccompanied minors within the asylum system, including basic awareness of asylum and Dublin procedures. They do not receive formal training from the Dublin Unit; however, they are provided with briefings and presentations on Dublin procedures and relevant deadlines, in order to ensure basic understanding of the process and the applicable timeframes. 

Detection of potential family reunification cases: Identification is carried out mostly at the earliest stages of the asylum procedure (screening, registration, lodging), where applicants are systematically asked about family members in other Member States. This information is then recorded in the national system (ALKYONI II). 

In general, when Dublin indicators arise in a case, the Reception and Identification Service and/or the Asylum Offices formally notify the Dublin Unit in writing. 

Since 2019, the Dublin Unit has implemented a preliminary screening mechanism for Dublin cases, which assesses potential Dublin indicators. This screening is based on all available information in the national database (ALKYONI II), registration forms, and interview records. 

As part of this process, the Dublin Unit further examines the case by collecting and cross-checking information from various sources, including communication with NGOs, legal representatives, guardians, and the applicants themselves for clarifications. It also cooperates with Asylum Offices and RIS through designated Dublin focal points for any additional information or verification required.