*The following process also applies to Ukrainian nationals that have been rejected and haven’t obtained the Temporary Protection status.
If you lack valid documents, police can arrest and detain you to be deported to your country of origin. During your asylum process, you stay in Greece legally and cannot be deported. While examining your application, the Greek Asylum Service must first decide whether there is a need to provide you with international protection.
For more information on the Asylum Procedure, please check our relevant article: Apply for Asylum - The steps.
- When you submit a subsequent asylum application after the final rejection of your initial application, you will be protected from deportation until the admissibility of your application is examined. However, if the authorities consider that you submitted a subsequent application only to delay your deportation or if it is your second subsequent application, your right to stay is not guaranteed. For more information on subsequent application, please check our article: About subsequent applications.
- When you appeal against the decision of the Asylum Service, you are generally protected from deportation until the final decision of the Appeals Authority is issued. However, the lodging of the appeal doesn't always have a suspensive effect. This means that in some cases, you need to submit a separate application before the Appeals Committee, requesting to allow your stay in Greece until the second-instance decision is issued. For example, when your application is rejected under the accelerated procedure or is rejected as inadmissible.
- If your asylum claim is finally rejected, whether after an appeal or if you fail to appeal a first negative decision within the deadline, your legal status in Greece will not be legal. You may take the case to the court, but the application for the annulment of the decision does not have an automatic suspensive effect. You will need to file a separate application for that. Your asylum seeker card will be taken, and you will not have access to accommodation and cash assistance.
You can find more about the appeal and annulment procedures before the court here.
When does deportation happen?
The deportation procedure might start at any point if your residence in Greece is not legal. This might be the case when you have never applied for asylum or the issuance of a residence permit or when the relevant application has been rejected.
The Police will then transfer you to the nearest deportation center, where they will keep you in detention until the time comes for your deportation.
Pre-removal centers are located in the following areas:
- Tavros, Athens (Petrou Ralli)
- Amigdaleza
- Korinthos
- Paranesti, Drama
- Xanthi
- Evros (Fylakio)
- Samos
- Kos
What happens if I get a negative decision and my appeal is unsuccessful?
According to the regular asylum procedure, If your first instance asylum decision is negative and your appeal is unsuccessful, you risk getting detained under police custody and deported back to your country of origin. In some exceptional cases, there is the possibility of being given a deadline to leave the country. If that is the case, the deadline will be mentioned at the end of the negative decision.
When does readmission happen?
If you have arrived in Greece from Afghanistan, Pakistan, Bangladesh, Somalia, or Syria having crossed Turkey, there is a chance that you will get readmitted back to Turkey if you receive a final negative decision. Readmission can also occur for persons arriving in Greece via Albania or Northern Macedonia, regardless of your country of origin. In this case, in case of a negative decision, you might get readmitted to Albania or Northern Macedonia, provided these countries are safe for you.
Please note that at the moment (since March 2020), no readmissions are made to Turkey. It is unclear when they will resume.
How does deportation or readmission take place?
After the negative decisions are announced, you will be taken to a pre-removal detention center. Detention there could last up to 18 months. The deportation and readmission decisions, as well as the detention decision, can be challenged before the Greek Administrative courts. You will need a lawyer for this procedure, so make sure to contact a legal aid organization or UNHCR employees (UNHCR cannot provide legal aid, but visit most pre-removal detention centres and might be able to provide information on active legal aid organizations in the specific area).
During your detention, you have the following rights:
- to be visited by relatives and your lawyer. Friends can bring any clothes or money you may need and give them to the police to hand them to you
- to consult a lawyer and have legal assistance
- to have access to telephone
- to have access to medical services and ask for a doctor
- to have daily access to a courtyard area
- to have your separate bed, free personal hygiene items (shampoo, toothpaste, sanitary towels) and clean sheets and blankets
- If you are a woman, to be held separately from any men unless they are your family members and you consent to be together
- to be treated with respect. Ill-treatment of detainees, as well as any behaviour or act of racism, discrimination or xenophobia, is forbidden by law
If you are being deported - there is a list of flights departing for various countries every week. The police will announce when it is your turn to depart for your country of origin.