News from the field

October 2025

Suspension of access to asylum is illegal and burdensome for the administration services

The three-month suspension of access to the asylum procedure, which was introduced by an amendment of the Ministry of Migration and Asylum in July 2025 (Article 79 of Law 5218/2025), ended on October 14, 2025. This amendment has been strongly criticized by all national and international human rights organizations, and at the same time, both the national courts and the European Court of Human Rights have provided protection to refugees who were unable to apply for asylum due to this amendment.As pointed out by the Ombudsman, in the context of assessing the implementation of the measure, in addition to the measure's conflict with international and EU law, the Independent Authority's inspections also confirmed the lack of operational readiness to create emergency and appropriate structures, as well as the fact that, ultimately, the implementation of Article 79 of Law 5218/2025 created a disproportionate burden on the Administration.

Another conviction by the European Court of Human Rights for an operation by the Coast Guard and an ineffective criminal investigation

The European Court of Human Rights (ECtHR) delivered a judgment of F.M. and others v. Greececoncerning the death of sixteen refugees in a shipwreck in 2018 in Agathonisi. The ECtHR condemned Greece, finding that the Greek authorities had not done what was necessary to rescue the people. Although they should have known that there was an immediate danger to the refugees' lives, the Coast Guard did not implement an appropriate plan to locate people who had already fallen into the sea and quickly ended the search and rescue operation even though the people had not been located, without even informing their relatives. In addition, the Court found that the criminal investigation by the Piraeus Naval Court was ineffective. The case was supported by Refugee Support Aegean (RSA).

This Judgment adds to a series of ECtHR judgments condemning the actions or omissions of the Coast Guard in the context of border control operations (Farmakonisi, Psérimos, and Symi cases) and its decisions finding systematic pushbacks at land and sea borders and ineffective criminal investigations by prosecuting authorities.

New announcements and circular from the Ministry of Migration and Asylum

A press release from the Ministry of Migration and Asylum announced the amendment of the ongoing integration program in order to end rent subsidies for recognized refugees, while in related statements, this amendment was linked to the "release of apartments in central Athens" which "will once again be available to the residents of Athens." However, official data show that the rent of only 163 apartments throughout Attica is subsidized under this program, a number that is insignificant in terms of housing availability in central Athens. More

In addition, a circular from the Ministry of Migration and Asylum (No. 199343 of 20-10-2025) includes an information text on compulsory residence for newly arrived third-country nationals, which, after first referring extensively to the new provisions on 24-month administrative detention and then imposing a prison sentence for entering without the legal formalities, goes on to state "The only way to avoid the above adverse consequences is to leave Greece voluntarily and return to your home country. And the most appropriate time to decide this is now, before submitting your asylum application." It should be noted that access to asylum is a right enshrined in EU law, the Universal Declaration of Human Rights, the Geneva Convention, and a host of other international instruments binding on the country. In this case, the Administration has issued a circular discouraging the exercise of a right guaranteed by law.

Systematic gaps and omissions in guarantees during the imposition of detention measures

Two new reports were published by the Ombudsman in October 2025, within the framework of his specific responsibilities as an external control body for Returns and the National Mechanism for the Prevention of Torture and Ill-Treatment. Despite the relative decrease in the number of third-country nationals held in administrative detention, these reports systematically record gaps and omissions in relation to, among other things, the imposition and continuation of detention despite the absence of reasonable prospects for removal, the practice of prolonged detention, the lack of free legal assistance, and the unsuitability of detention facilities, police detention centers, and pre-departure centers.

See more:

Ombudsman, Special Report | Returns of Foreigners 2024

Ombudsman, Special Report | OPCAT 2024

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