M.S.S. v. BELGIUM AND GREECE JUDGMENT
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D. The asylum procedure
1. Access to the asylum procedure
173. The reports mentioned in paragraph 160 above describe the
numerous obstacles that bar access to the asylum procedure or make it very
difficult in practice for both first-time arrivals and persons transferred under
the Dublin Regulation who pass through Athens International Airport.
174. The first-hand accounts collected by international organisations and
non-governmental organisations and the resulting conclusions may be
summarised as follows.
175. Very few applications for asylum are lodged directly with the
security services at Athens International Airport because of the lack of staff
but also, in certain cases, because of the lack of information that the services
even exist.
176. When they arrive at the airport, asylum-seekers are systematically
placed directly in detention before their situation has been clarified.
177. When they are released, those who have come to Greece for the
first time are sometimes issued with an order to leave the country, printed in
Greek, without having first been informed of the possibility of applying for
asylum or contacting a lawyer for that purpose. It has even been known to
happen that persons returned under the Dublin Regulation who had applied
for asylum when they first arrived in Greece were issued with an order to
leave the country on the ground that, in their absence, all the time-limits for
lodging an appeal had expired.
178. At Athens International Airport several organisations have reported
that the information brochure on the asylum procedure is not always given
to persons returned under the Dublin Regulation. Nor are they given any
other information about the procedures and deadlines or the possibility of
contacting a lawyer or a non-governmental organisation to seek legal
advice.
179. On the contrary, the police use “tricks” to discourage them from
following the procedure. For example, according to several witnesses the
police led them to believe that declaring an address was an absolute
condition for the procedure to go ahead.
180. The three-day time-limit asylum-seekers are given to report to
police headquarters is in fact far too short in practice. The offices concerned
are practically inaccessible because of the number of people waiting and
because asylum applications can be lodged only on one day in the week. In
addition, the selection criteria at the entrance to the offices are arbitrary and
there is no standard arrangement for giving priority to those wishing to enter
the building to apply for asylum. There are occasions when thousands of
people turn up on the appointed day and only 300 to 350 applications are
registered for that week. At the present time about 20 applications are being