Here's what to know about EU asylum law after Greece suspends applications

The EU needs to apply the rules it has on asylum seekers and accept its fair share of refugees.

AP

The Greek Prime Minister Kyriakos Mitsotakis has gone on Twitter to say: “Our national security council has taken the decision to increase the level of deterrence at our borders to the maximum. As of now, we will not be accepting any new asylum applications  for one month.”

The move by Greece to suspend asylum applications was condemned by several EU countries as well as Amnesty International.

Meanwhile, the EU fully expects Turkey to host additional refugees alone and without taking on any of the burden itself . Ankara believes that this course of action is unfair and does not take into account the social and financial burden it is placing on the country.

One Twitter user summed it up as the: “Complete violation of the 1951 Convention and the 1967 Protocol by suspending asylum procedures.

“And then you demand that others respect international law where it suits you.” They went on to add.

The 1951 Convention Relating to the Status of Refugees serves to outline the right of the displaced and obligations of states towards them. The EU’s approach to the Convention has been patchy and its enforcement subject to criticism.

So what exactly is the process for applying for asylum?

The EU laws, in compliance with the 1951 Refugee Convention, say that “asylum-seekers cannot be refused entrance at borders, nor be returned to a third country if there is a risk of persecution or other serious harm.”

It goes on to say that “One of the first procedures upon arrival is screening, including medical screening, identification and fingerprinting in order to register migrants.” The asylum process should not last more than six months, although, for many, the process is much longer.

After the approval of an asylum seeker’s application, they receive residency for at least three years, which can be renewed.

Germany

Germany, the largest economy in Europe, on average deals with asylum applications within 8 months.

When entering Germany asylum seekers should immediately report to a centre for registration. They can also report to a police station or to an office of the foreigners’ authorities.

On their first-day, asylum seekers are taken to central accommodation centres where they are processed and once biometric data is taken and health checks are complete, they are given an arrival certificate.

Consultation services should be offered to recently arrived migrants, according to official advice, and if needed asylum seekers should be offered counselling.

After several days, their arrival certificate is replaced with “permission to stay”.

However, many of these processes are far from respected by other EU countries.

Greece

Greece, for instance, has a similar technical process to that of Germany. There are some complications owing to the Greek islands.

After expressing one’s wish to apply for asylum in one of the Greek islands, there is an admissibility interview to ensure whether candidates are eligible or if they wish to return back to the countries they came from.

After the admissibility interview, there is another "eligibility interview" on the islands.

If you don't have an admissibility interview, or if you have one and authorities find your asylum claim should be examined in Greece, you will have an asylum interview. The asylum interview is called an "eligibility interview" on the islands.

If one first lands on one of the islands but then chooses to register on the mainland, asylum seekers may be asked to go back.

Decisions for Syrians are often fast-tracked with a result on the same day, whereas other decisions are taken over a series of months.

A new asylum procedure introduced at the end of last year by the Greek government has been heavily criticised by human rights organisations.

It would detain asylum seekers for much longer periods while scrapping important protections. Vulnerable people, in particular children, would be particularly hard hit.

Netherlands

Most asylum seekers see Greece as a transit point and many choose not to register there because of racist policies and police violence directed at migrants.

For many, the asylum process in the Netherlands can be a much more straight forward process and less convoluted given the volatile immigration regimes in other countries.

When seeking asylum in the Netherlands, one is also effectively asking the government for a residence permit.

Like many other EU countries, the Netherlands has a similar asylum process in addition to opportunities for family reunions.

Once an asylum application is successful refugees can benefit from a range of rights including the ability to access health care and seek employment opportunities.

Another refugee crisis?

During the height of the refugee crises in 2015, a Human Rights Watch report accused the EU of “a lack of leadership, vision, and solidarity-based on human rights principles are at the core of the European Union’s dismal response to refugee and migration challenges."

The EU seems to have opted for a policy of halting refugees from entering the bloc in a safe and orderly manner. The chaotic scenes at the Greek border underline the fact that the EU seems not to have learnt from the previous refugee crises. 

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