Recent German government announcements on push backs and deportations at the border:
What will they mean for refugees returned to Greece?
Risks of serious human rights violations stem from the recent announcements of the German government on the reinstatement of internal Schengen border controls and an increase in deportation of refugees to first countries of entry, namely Greece. These risks are exacerbated by persisting, chronic obstacles to recognised refugees’ access to the necessary documents and social rights for a dignified living in Greece.
Last week, the Federal Government of Germany announced the reinstatement of temporary controls on all of its land borders for a six-month period starting 16 September 2024, with the aim of refusal of entry to the country and removal under much stricter criteria. Refusal of entry at the German land borders officially concerns only cases where arriving persons have not submitted a request for protection before German border guards. However, recent statistics show that amongst those who are refused entry at land borders where controls are already carried out, there are many persons fleeing countries such as Syria and Afghanistan. Refugee organisations such as PRO ASYL therefore suspect that German border guards systematically disregard asylum applications or at least fail to adequately inform people about the possibility to apply for asylum.
The impact of this approach on Germany’s migration and asylum policy raises an array of issues, including a blow to Schengen rules. In addition, any intensification of returns to Greece should take into account the fact that recognised refugees in Greece face serious breaches of their human rights. The systemic deficiencies of the Greek asylum system, as documented every year by Refugee Support Aegean (RSA) and corroborated by official sources such as the European Commission 1 and various European domestic jurisdictions, continue to expose refugees who obtain international protection in Greece to:
- Waiting times of several months, up to one year, for renewal of residence permits at the understaffed responsible unit of the Asylum Service. As a result, people remain without documentation and cannot access health care, employment and social assistance.
- Unfair exclusion from almost all social benefits, which require permanent residence of five or more years in the country. Greece has taken no measure to address discrimination against refugees in terms of access to social welfare, almost two years after the infringement procedure launched by the European Commission in January 2023.
- High risks of homelessness and destitution, given that most are unable to obtain a stable job and the necessary documents and means to secure housing within the 30-day deadline from the approval of the asylum claim for exit from the country’s camps. Financial support offered by the HELIOS programme to those who manage to obtain housing ceases one year after the acceptance of the asylum claim.
Deportations of recognised refugees to Greece continue to date, despite serious questions on European countries’ compliance with their human rights obligations in view of current conditions facing recognised refugees therein. The case of Noorullah* is illustrative: Noorullah, an Afghan refugee, was returned from Germany to Greece at the end of December 2023. His asylum claim in Germany had previously been dismissed as inadmissible due to his refugee status in Greece. Noorullah has requested the renewal of his residence permit in Greece since January 2024 and is still waiting for its approval from the Asylum Service. He has remained undocumented for eight months, thus with no possibility to work or to receive social benefits.
The recent reform of the Common European Asylum System (CEAS) compounds risks of violations of basic human rights of people like Noorullah, through a series of legislative changes facilitating deportations of recognised refugees to countries of first entry such as Greece. According to the new Asylum Procedures Regulation, people previously granted protection in Greece may now have their asylum claims dismissed as inadmissible without undergoing a personal interview for the purpose of assessing their reasons for not remaining in Greece.