A/HRC/35/25/Add.2
the migrants. Furthermore, various levels of bureaucracy make the process
incomprehensible to most. People receiving the wrong information may make harmful
decisions, being unaware of the consequences. Given the complexity of the procedures, and
the constantly changing legislation and practices, as well as the bureaucratic hurdles, access
to information and legal assistance for migrants seems all the more important.
C.
Lack of due process guarantees
78.
Law 4375/2016 extends the criteria for an asylum application to be inadmissible and
defines exceptional derogation measures that can be applied in case of an exceptional
number of persons applying for international protection at the border. These provisions
raise serious concerns over due process guarantees.
79.
An application is considered inadmissible for a number of reasons, including the
existence of a “first country of asylum” or a “safe third country”, whereas Greece has never
applied the concept of a “first country of asylum”. Vulnerable groups are exempt from the
inadmissibility procedure.
80.
The Special Rapporteur was informed about certain nationalities being processed as
a priority and is concerned that discrimination based on nationality undermines the right to
due process, as it hinders persons belonging to a specific nationality from accessing the
asylum system, family reunifications or relocations. The procedure’s priorities should not
be based on one’s nationality, but rather on vulnerabilities. The Special Rapporteur was
informed that, by the end of 2016, all asylum applications were being processed strictly on
the basis of the date of arrival, taking into account vulnerabilities and objective factors such
as availability of interpretation.
81.
Admissibility decisions issued are consistently short, qualify Turkey as a safe third
country and reject the application as inadmissible: this makes them practically
unreviewable. The Special Rapporteur is concerned that admissibility interviews will
overlook protection concerns, including those of vulnerable groups, and that people may be
returned in violation of the non-refoulement principle. The Special Rapporteur was
informed that between May 2016 and March 2017, of the 27,000 asylum applications that
had been made, only 1,609 were rejected on the basis of the “safe third country” principle
and another 2,414 were rejected on their merits.
82.
Derogation measures, on the other hand, include the registration of applications by
the police and armed staff and the possibility of officials of the European Asylum Support
Office supporting national authorities. Law 4375/2016 specifies that the process shall be
completed within 15 days including the appeal stage, which raises concerns over access to
an effective remedy, despite the support of NGOs. The Special Rapporteur is concerned
that asylum seekers may not be granted a fair hearing of their case, as their claims are
examined under the admissibility procedure, with a very short deadline to prepare.
Provisions under the fast track regime are problematic due to the lack of individual
assessment of each case, and the risk of violating the non-refoulement principle is
consequently very high.
83.
Competent lawyers and NGOs should be able to have access to migrants in reception
and identification centres and open camps. Despite legal assistance being available for the
second instance of the asylum procedure, the Special Rapporteur encourages allocation of
the necessary resources for capacity-building and for local lawyers and bar associations to
be able to offer properly paid services from the start of the procedure.
D.
Appeals Authority
84.
The Special Rapporteur welcomes the continuing work of the Appeals Committee
mandated to deal with the backlog of appeals lodged under the “old asylum procedure”. In
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