european migration network focussed study 2017 and

EUROPEAN MIGRATION NETWORK FOCUSSED STUDY 2017

Challenges and practices for establishing applicants’ identity

in the migration process

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EUROPEAN MIGRATION NETWORK ● FOCUSSED STUDY 2017 Challenges and practices for establishing applicants' identity in the migration process

The project is co‐funded by the European Union and the Hellenic Ministry for Migration Policy under the European Migration Network

The study was prepared by the Working Group of the European Pubic Law Organization (EPLO). SCIENTIFIC DIRECTOR Vassilis Hatzopoulos, Professor of EU Law and Policies at the Democritus University of Thrace (Greece). Visiting Professor at the College of Europe, Bruges

(Belgium) and honorary Assistant Professor at the University of Nottingham (United Kingdom). His interests cover EU institutional law and governance, the EU internal market with special focus on service liberalisation and the provision of services of general economic interest, state aid and public procurement, as well as EU asylum and immigration law.

RESEARCH TEAM Theodoros Fouskas, PhD, Sociologist, specialized in migration, migrant labour, migrant community organizations, precarious, low‐status/low‐wage work,

integration of third‐country nationals, solidarity, social protection, undeclared work, irregular migration, access to healthcare and trade unions in the reception societies. 2016‐2017 Laboratory Assistant, Department of Social Work, Technological Educational Institute (TEI) of Athens (Greece) and Assistant Professor, Department of Professional Training of Police Officers‐Executives, Hellenic Police School of Further Education and Training (Greece).

Senior Researcher. Author in Greek, translation in English, data analysis, chapter editing and conduction of interviews. Foteini‐Maria Mine, International Relations Expert, MSc University of Piraeus (Greece) and MSc University of Lund (Sweden).

Research Assistant. Author in Greek, translation in English, data analysis, chapter editing and conduction of interviews. Andrea DeMaio, J.D., Faculty of Law, University of Rome La Sapienza (Italy). Assistant Director for Technical Cooperation at the European Public Law

Organization (EPLO). Research Assistant. Author in Greek, translation in English, data analysis, chapter editing and conduction of interviews.

Cheryl Novak, MSc in International Relations, University of Cambridge (United Kingdom), Deputy Director of the European Public Law Organization (EPLO). Research Assistant. Author in Greek, translation in English, data analysis, chapter editing and conduction of interviews.

ACKNOWLEDGMENTS The authors wish to warmly thank for their valuable comments and remarks the Members of the Team for Receipt and Evaluation of the Study (OPAM) of the National Contact Point of the European Migration Network (EMN): Alexandra Lamprianidou, Employee of the Asylum Office/Department of International and European Cooperation. Savvas Papadopoulos, Police Lieutenant A΄, Hellenic Police Headquarters/Aliens and Border Protection Branch/Migration Management Division. Cornelia Radik, Employee of the Migration Policy Department, Hellenic Ministry for Migration Policy. Athina Balopoulou, Employee of the Migration Policy Department, Hellenic Ministry for Migration Policy. We are also grateful for the assistance and the provision of information to: Fryni Koromantzou, Expert‐Advisor Α΄, C4 D/Directorate of Justice, Home Affairs and Schengen, Hellenic Ministry of Foreign Affairs. Michalis Kosmidis, Head of the Migration Policy Unit, Hellenic Ministry for Migration Policy. Leonidas Nikolopoulos, Expert‐Advisor A΄, C4 D/Directorate of Justice, Home Affairs and Schengen, Hellenic Ministry of Foreign Affairs. Athanasios Papathemelis, Employee of the Reception and Identification Service of the Hellenic Ministry for Migration Policy. Vassiliki Saranti, Expert‐Advisor Β΄, C4 D/Directorate of Justice, Home Affairs and Schengen, Hellenic Ministry of Foreign Affairs. Eleni Siopi, Employee of the Migration Policy Department, Hellenic Ministry for Migration Policy. Cover photo: Theodoros Fouskas – personal collection: “Association of Cultural Activities and Mutual‐assistance of Bangladeshi Nationals who Reside in Athens”, 2010.

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The European Migration Network (EMN) was established in 2003, originally as a preparatory action of the European Commission, with the aim of providing the European Commission and the Member‐States with objective, reliable, comparable and up‐to‐date data on migration and asylum, to build policymaking in the European Union and hence their national policies in these areas. Subsequently, the Council of the EU in 2008, with the No. 381/2008/EK Judgment founded the EMN, as permanent structure that will operate within the European Commission, with the participation of Member‐States in order achieve these goals. More information on the EMN and its work can be found on the website www.emn.europa.eu or on the Greek website http://emn.ypes.gr Contact details with the Greek Focal Point of the European Migration Network: Hellenic Ministry for Migration Policy General Secretariat for Migration Policy General Directorate for Migration Policy Migration Policy Department Migration Policy Unit 2 Evangelistrias Street 105 63 Athens Tel. 213 136 1251/57 Email: [email protected] © 2017, Hellenic Ministry for Migration Policy. All rights reserved. This study was conducted with the financial support of the European Union and the Hellenic Ministry for Migration Policy under the European Migration Network. The research contents are of the responsibility of the author. In no case, the European Union and the Hellenic Ministry for Migration Policy can be held liable for any use of the information made by third parties.

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CONTENTS TOP‐LINE "FACTSHEET" (NATIONAL CONTRIBUTION) ....................................................................................................................................................................................................................... 6 SECTION 1: THE NATIONAL FRAMEWORK ........................................................................................................................................................................................................................................ 7

SECTION 1.1 CHALLENGES IN RELATION TO IDENTITY MANAGEMENT IN THE MIGRATION PROCESS (IN RELATION TO PROCEDURES ON INTERNATIONAL PROTECTION, RETURN, VISA AND RESIDENCE PERMITS) ..................................................................................................................................................................................................................................... 7 Q1. Is the issue of establishing identity considered an issue/challenge within the framework of the procedure for? .................................................................................................. 7 Q2a. Please also indicate which factors have contributed to the issues identified in Q1 (e.g. the volume of cases where no credible documentation is available has increased, the

measures used to substantiate the applicants' identity are considered ineffective, there is no enough funding or qualified staff etc.). ......................................... 7 Q2b. In relation to Q2a above, has your (Member) State experienced a change in the number of received applications for international protection and irregular migrants in recent

years? .................................................................................................................................................................................................................................................... 7 Q3. Has your (Member) State faced challenges in considering asylum applications/implementing the return of third‐ country nationals as a result of their identity not being

acknowledged by the (presumed) country of origin? ........................................................................................................................................................................... 8 SECTION 1.2 STATISTICAL INFORMATION ......................................................................................................................................................................................................................... 9

Q4. Please provide, to the extent possible, the following statistics (with their source) along with, if necessary, an explanatory note to interpret them if, for example, the statistics provided are partial, had to be estimated (e.g. on the basis of available statistics that differ from the ones requested below, or of first‐hand research) or if they reflect any particular trends (e.g. a change in policy, improved methods of establishing identity, a change in the country of origin of applicants for international protection or of rejected asylum seekers, etc.) If statistics are not available, please try to indicate an order of magnitude. Statistics already available through Eurostat have not been requested in order to facilitate the task of filling in the Common Template. ............................................................................................... 9

SECTION 1.3 RELEVANT EU AND NATIONAL LEGISLATION ............................................................................................................................................................................................... 15 EU acquis ................................................................................................................................................................................................................................................................... 15 National legislation ........................................................................................................................................................................................................................................................ 15

Q5. Has the legislative basis for the procedures used to determine identity within the procedure for international protection and/or return been changed since the 2013 EMN Study on 'Establishing identity'? ......................................................................................................................................................................................................... 15

Q6. Is the process used when verifying the identity of third country applicants for visitors' visa, work and study permits and family reunification permits, laid down in national legislation? .......................................................................................................................................................................................................................................... 15

SECTION 1.4 THE INSTITUTIONAL FRAMEWORK AT NATIONAL LEVEL .............................................................................................................................................................................. 16 Q7. Have there been any changes concerning which national authorities have the responsibility for establishing the identity of applicants for international protection and return

following the 2013 EMN Study on 'Establishing identity'? ................................................................................................................................................................. 16 Q8. Which national authorities have the responsibility for verifying the identity of third country applicants for visitors' visa and permits for the purposes of study, family

reunification and remunerated activities? Please describe which authorities take part in which procedures in your (Member) State and specify the name of the relevant authorities below (providing an English translation if possible, e.g. Rajavartiolaitos ‐ Finnish Border Guard; Migrationsverket ‐ Swedish Migration Agency) ................................................................................................................................................................................................................................................ 16

Q9. For each of the migration procedures considered (applications for international protection, returnees, visa and residence permit applicants), please briefly describe the different steps followed to establish the identity of third country nationals .................................................................................................................................... 17

Q10. Does your (Member) State have in place specific procedures to establish the identity of third‐country nationals within the context of exceptional migratory flows (e.g. under the EU 'Hotspot' approach)? ............................................................................................................................................................................................................... 18

Q11. Does your (Member) State have a central competence centre or similar entity for issues related to identification/identity verification? ....................................................... 18 Q12. Are the officials responsible for determining the identity of the abovementioned immigration categories authorised to access EU databases holding identity information

about third‐country nationals (e.g. EURODAC, SIS II, VIS, etc.)? ........................................................................................................................................................ 19 SECTION 2: METHODS FOR ESTABLISHING IDENTITY ...................................................................................................................................................................................................................... 20

SECTION 2.1: DEFINITION AND DOCUMENTS REQUIRED FOR ESTABLISHING IDENTITY .................................................................................................................................................... 20 Q13.What legal and/or operational definitions (if any) of identity is/are used with regard to (a) applicants for international protection and (b) the return process and (c)

applications for short stay and long stay visas and permits for the purposes of study, family reunification and remunerated activities? ..................................... 20 Q14. What types of documents and other information do the authorities in your (Member) State accept as (contributing to) establishing the identity for the abovementioned

immigration categories? ..................................................................................................................................................................................................................... 20 Q15a. To the extent possible, please indicate whether copies are accepted by the relevant authority(ies) and which type of documents are considered by the national authorities

as core or supporting documents. ...................................................................................................................................................................................................... 21 Q15b. Which are the major issues faced by your (Member) State concerning determining the authenticity (or genuineness) of documents? ......................................................... 21 Q15c. Have any of these issues changed compared to those described in your contribution to the 2013 EMN Study on 'Establishing identity'?. .................................................... 21 Q16. In your Member‐State, are there any national guidelines for the control by the relevant authorities of identity of person and identity documents in the various migration

procedures? ......................................................................................................................................................................................................................................... 21 Q17. In which situations, and by which authorities, are forged documents most commonly detected in connection with applications for visa and residence permit (e.g. in border

control, by immigration authorities or other state agencies)? ........................................................................................................................................................... 21 Q18. Are there any exemptions to the obligation to present an official travel document for third country applicants for visa and residence permit? ............................................ 22

SECTION 2.2: METHODS USED IN THE ABSENCE OF DOCUMENTARY EVIDENCE OF IDENTITY IN THE ASYLUM/RETURN PROCEDURE ................................................................................ 22 Q19a. In your (Member) State, do national authorities make use (or plan to make use) of the methods identified below to establish the identity of third‐country nationals subject

to asylum/return procedures? ............................................................................................................................................................................................................ 22 Q19b. Is the (biometric) identity information given by an asylum seeker matched against identity information available in VIS? ............................................................................. 23 Q19c. Has your Member‐State introduced any changes in the method(s) used to establish the identity of applicants in the asylum/return procedure since 2013? ...................... 24 Q19d. If there has been an increase in the number of applicants for international protection and irregular immigration in your (Member) State in recent years, has this had any

effect on the methods used (e.g. certain methods have been prioritised to deal with specific nationalities, the capacity to use certain methods has been under strain due to lack of sufficient staff resources, etc.)? ......................................................................................................................................................................... 24

Q20. Has your (Member) State issued any guidelines and/or best practices on the use of different methods? .......................................................................................................... 24 SECTION 2.3: METHODS USED TO VERIFY THE IDENTITY OF THIRD‐COUNTRY NATIONALS IN OTHER MIGRATION PROCEDURES ...................................................................................... 24

Q21. Does an applicant for an authorization to stay or residence permit have to present an official travel document? ............................................................................................ 24 Q22. Do national authorities make use (or plan to make use) of the methods identified below to establish the identity of third‐country nationals within the framework of

procedures concerning applications for short‐stay visas and residence permits for family and study‐related reasons or for the purposes of remunerated activities? ............................................................................................................................................................................................................................................. 25

SECTION 3: DECISION‐MAKING PROCESS ....................................................................................................................................................................................................................................... 26 SECTION 3.1 STATUS AND WEIGHT OF DIFFERENT METHODS AND DOCUMENTS TO DETERMINE IDENTITY ..................................................................................................................... 26

Q23. On the basis of the information gathered by the methods outlined in Section 2, how is a decision on the establishment of identity made? .................................................. 26 Q24. Is a 'grading' structure or spectrum used to denote the degree of identity determination (e.g. from "undocumented," over "sufficiently substantiated" or "has the benefit

of doubt" to "fully documented and verified")? ................................................................................................................................................................................. 26 Q25. Are there any future measures being considered with regard to setting up or further elaborating a 'grading' structure? ................................................................................. 26

SECTION 3.2 DECISIONS TAKEN BY THE COMPETENT AUTHORITIES ON THE BASIS OF THE OUTCOMES OF THE IDENTITY MANAGEMENT PROCEDURES ................................................... 26 Application for international protection ......................................................................................................................................................................................................................... 26

Q26a. Does the outcome of the procedure to establish the identity of the applicant for international protection influence a recommendation to 'grant international protection,' 'refuse international protection' or 'defer decision'? ......................................................................................................................................................................... 26

Q26b. If there has been an increase in the number of asylum applicants/irregular migrants in your (Member) State in recent years, what has been the impact of such increase in the decision‐making process? ............................................................................................................................................................................................................. 27

Return ................................................................................................................................................................................................................................................................... 27 Q27a. Does the outcome of identity establishment influence a recommendation to 'defer return'? .......................................................................................................................... 27 Q27b. Are the results of the work to establish identity during the international protection process available to the authorities preparing forced return? ..................................... 27

Procedure for third country applicants for visa and residence permits ............................................................................................................................................................................ 28 Q28a. Does the outcome of identity establishment influence a recommendation to "grant residence permit" "refuse residence permit," "defer decision"? ................................ 28 Q28b. How important is the establishment of identity compared to other factors considered in making an overall decision? For example, if identity cannot be established, does

this de facto lead to a negative decision? Are other factors such as family ties, health problems or/and other humanitarian reasons, given more weight than identity determination in some cases? ............................................................................................................................................................................................... 28

SECTION 4: DATABASES AND DATA PROCEDURES ......................................................................................................................................................................................................................... 29 SECTION 4.1 LEGAL FRAMEWORK................................................................................................................................................................................................................................... 29

Q29a. Do(es) the identity determination/verification authority(ies) in your (Member) State have Memoranda of Understanding (MoUs) and/or other agreements for the sharing of personal data in place with? ........................................................................................................................................................................................................... 29

Q29b. Please identify any agreements below and if possible share them through attachments. If it is not possible to share the documents, please provide a brief overview of the information they contain .................................................................................................................................................................................................................... 29

SECTION 4.2 DATA PROCEDURES AND DATABASES ......................................................................................................................................................................................................... 29

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Q30. Which personal data of individuals is collected in national databases within the framework of the various migration procedures, i.e. biographic (e.g. name, nationality, birthplace, ID‐documents) and biometric (e.g. fingerprints, photographs, DNA). Please describe which data is collected for each of the relevant migration procedures and give the name of the relevant databases. ................................................................................................................................................................ 29

SECTION 4.3 USE OF DATABASES IN THE SCREENING PROCESS ........................................................................................................................................................................................ 29 Q31. Which identity‐related databases are managed by the different national authorities involved in migration processes? (e.g. the national population register is managed by

the police; the national entry/exit system is managed by the border guard authority; the EURODAC National Access Point is managed by the asylum authority). ............................................................................................................................................................................................................................................................. 29

Q32a. Which regional, national and international databases, watch lists or reference tools are used for identification purposes, when a third‐country national applies for international protection, a visa or residence permit? ........................................................................................................................................................................ 29

Q32b. Are there any data elements that the authorities would consider useful, but are not yet collected or stored? ............................................................................................... 31 SECTION 4.4. RECENT AND PLANNED DEVELOPMENTS ................................................................................................................................................................................................... 31

Q33a. Please outline recent major changes in relation to the processing of personal data within the framework of migration‐related procedures and databases (national/regional levels) .................................................................................................................................................................................................................................................. 31

Q33b. Please outline recent/planned pilots in the field of identity management architecture and data sharing. ....................................................................................................... 31 SECTION 5: DEBATE AND EVALUATION .......................................................................................................................................................................................................................................... 32

Q34. Are the (actual or planned) measured described above currently being debated in your Member‐State? ......................................................................................................... 32 Q35. Have (national) data protection authorities or similar entities and/or legal experts assessed any of the measures described above? ............................................................. 32

SECTION 6: CONCLUSIONS DRAWN FROM THE NATIONAL CONTRIBUTION .................................................................................................................................................................................... 33 Q36. With regard to the aims of this Focussed Study, what conclusions would you draw from the findings reached in elaborating your National Contribution? What is the relevance

of your findings to (national and/or EU level) policy‐makers?Please make any distinction between international protection, the forced return process and other (legal) migration channels. .................................................................................................................................................................................................................. 33

ANNEX 1 ...................................................................................................................................................................................................................................................................................... 34 ANNEX 2 ...................................................................................................................................................................................................................................................................................... 34

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EUROPEAN MIGRATION NETWORK FOCUSED STUDY 2017

Challenges and practices for establishing applicants' identity in the migration process

TOP‐LINE "FACTSHEET" (NATIONAL CONTRIBUTION) National contribution (one page only) Overview of the National Contribution ‐ drawing out key facts and figures from across all sections of the Study, with a particular emphasis on elements that will be of relevance to (national) policy‐makers.

The Focused Study of the European Migration Network for the year 2017 entitled "Challenges and practices of the Member‐States for establishing applicants’ identity in the migration process" aims to inform the Member‐States, the European Commission, and the general public about the processes, practices and challenges related to determining the identity of third‐country nationals in Greece. The Focused Study is comprised of six sections. The aim of Section 1 is to provide an in‐depth picture of the scope and scale of the issues related to the identification of third‐country nationals at both the national and European level, using quantitative and qualitative data. According to the Hellenic Asylum Service statistics, it received the following number of applications for international protection on an annual basis since 2013: 4.814 applications in 2013, 9.431 applications in 2014, 13.195 in 2015, 51.092 in 2016 and 23.652 in 2017. In this Section, the report also analyzes challenges related to identity management in the identification procedures, with an emphasis on the factors related to the establishment of identities. In addition, information on the methods used for the identification, as well as the European and national legislation on the identification process for these procedures are provided, as well as information about the procedure that is being applied to verify the identity of third‐country nationals‐applicants. Lastly, the report presents information on the national authorities responsible for verifying the identity of third‐country nationals and the access that national authorities have to EU databases which provide information on the identity of third‐country nationals (EURODAC, SIS II, VIS et al.). The purpose of Section 2 is to analyze the methods and types of documents used to establish the identity of third‐country nationals in the context of various migration processes. In particular, the report examines the required documentation, supporting documentation and other data that authorities and competent bodies consider to be valid and acceptable in establishing the identity of the applicants, as well as the documents and information that are commonly rejected by authorities. Furthermore, the main issues faced by government agencies with respect to determining the authenticity of documents are examined, such as the complications arising from the considerable increase in the number of irregular migrants in Greece over the past several years and the increase in applications for international protection. In respect to this last point, data provided by the Hellenic Police in Greece, noted in this report, show a dramatic increase in the number of arrests of irregular migrants in Greece from 4.531 arrests in 2014, to 911.471 in 2015, to 204.820 in 2016 and 14.222 during the first four months of 2017. This section examines the impact of this phenomenon on the methods used to verify the identity of third‐country nationals in the absence of reliable documentation so as to determine the validity of the claims of the third‐country nationals’ countries and the relative attention which is given to the results of the methods used (e.g. the determination of identity during the asylum/return process). The aim of Section 3 is to highlight and analyze how the different methods are combined to determine the identity of third‐country nationals, and how the results of this process impacts various decisions made in the migration process. Finally, the report examines the importance of the determination of the identity in comparison to other factors considered when making the final decision. The purpose of Section 4 is to investigate which personal data is collected in the context of migration procedures (e.g. name, nationality, place of birth, identity documents) and biometric data (e.g. fingerprints, photographs, DNA) and which data‐exchange agreements are in force. This section also examines which databases are used for identification purposes that are managed by the competent national authorities involved in migration procedures. The purpose of Section 5 is to describe the measures currently in force as well as the future measures that concern the processing of personal data in the context of the procedures and databases. Finally, the aim of Section 6 is to highlight the main findings of the Focused Study that have emerged, taking into account the work of the national authorities involved in documenting the identity of third‐country nationals, and the procedural steps to determine the identity of third‐country nationals in the various migration processes.

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SECTION 1: THE NATIONAL FRAMEWORK The aim of this Section is to provide an insight into the scale and scope of the issue at national and EU level, as evidenced by quantitative and qualitative information. The section will also analyse the extent to which the processes for establishing identity are laid down in legislation across (Member) States, and the institutional framework for these processes. Differences in the capacity of (Member) States to meet the challenges identified (e.g. in terms of having the (trained) human resources needed, being able to draw on expertise, access databases, or have a legal basis for using certain methods) will be presented.

SECTION 1.1 CHALLENGES IN RELATION TO IDENTITY MANAGEMENT IN THE MIGRATION PROCESS (IN RELATION TO PROCEDURES ON INTERNATIONAL PROTECTION, RETURN, VISA AND RESIDENCE PERMITS)

Q1. Is the issue of establishing identity considered an issue/challenge within the framework of the procedure for?

a) Considering the need for international protection? Yes

b) Preparing for the forced return of a rejected applicant for international protection to their (presumed) country of origin? Yes and

c) Verifying applications for the following categories:

Visitors visa Yes Residence permits issued for:

Family reasons; Yes

Study reasons; Yes

Remunerated activities; Yes

Non‐EU harmonised protection status (i.e. resident permit on humanitarian or medical grounds. Yes If Yes, please briefly outline for any or all the cases above the main issues, challenges and difficulties within your (Member) State (e.g. no identification documents, false documents, multiple identities, applicants from certain third countries)

According to the Reception and Identification Service, a major percentage of incoming third‐country nationals to Greece do not have any documents or passports. For these cases, the establishment of their identity is achieved through an interview. In terms of the management of forged documents, police officers working in the Reception and Identification Service check the documents to determine if they are forged1. (a) The establishment of the identity of third‐country nationals applying for international protection is a major challenge as a significant percentage of applicants do not have identity documents. This could be attributed to the general conditions that prevailed in the applicant’s country of origin at their time of their departure, or on account of personal considerations that forced them to flee their country of origin, or because of many other reasons. The inability to establish the nationality of the applicant for international protection, creates a serious difficulty in the assessment of the application, and in issuing a legally and practically sound decision. (b) In order the migratory flows to be effectively managed, the requirements for a fast and efficient procedure of reception, identification, issue of legal status and return in cases where persons could not be issued a legal status, significantly increased (see Table 1). For (c), visa checks are carried out in order to ensure that third‐country nationals hold identity and passport (travel documents)2. In the cases of residence permits, irrespectively of category, minimal identification problems are found. This is due to the fact that it is not possible a third country national to apply for citizenship due to the absence of a passport and the inability to obtain one without proper documentation. The inability for third‐country nationals to apply for citizenship may be due to (a) the loss or non‐recognition of their nationality due to geopolitical developments (e.g. the dissolution of the former Soviet Union), or (b) the lack of the required documents from the third‐country, such as a birth certificate3.

Q2a. Please also indicate which factors have contributed to the issues identified in Q1 (e.g. the volume of cases where no credible documentation is

available has increased, the measures used to substantiate the applicants' identity are considered ineffective, there is not enough funding or qualified staff etc.).

Please support your answers with reference to statistics (e.g. those presented under Section 1.2 below), research or any other sources of information (e.g. media debates, case‐law, policy documents, practitioners' views).

The management of the registration and identification process of incoming third‐country nationals, for which the Reception and Identification Service is responsible, was negatively impacted in the past on account of matters related to human resources and staff training. However, these matters have recently been adequately addressed4. Regarding sub‐question (a), the sudden and steep increase in international protection applications submitted to the Asylum Service has maximized the challenge in identifying the applicants (See Q2b). For sub‐question (c) the available information significantly states that: “Specialized personnel is trained via the Diplomatic Academy in Greece, in order to work at Consulates abroad for the identification of fake or falsified travel documents and supporting documents5”.

Q2b. In relation to Q2a above, has your (Member) State experienced a change in the number of received applications for international protection and

irregular migrants in recent years? Yes If Yes, was this change an important reason for the above‐mentioned challenges and difficulties? Yes If Yes, please further elaborate on how this factor has contributed to the identified challenges and difficulties.

In recent years, large numbers of third‐country nationals have arrived in Greece. Regarding statistics, in 2016 the number of international protection claims was almost four times higher than in 2015. In total, 51.092 individuals applied for international protection compared to 13.195 in 20156. Statistical data from the Asylum Service: (from June 7, 2013 to May 31, 2017)7 Asylum Applications 2013: 4.814, Asylum Applications 2014: 9.431, Asylum Applications 2015: 13.195, Asylum Applications 2016: 51.092, Asylum Applications 2017: 23.652. Reasonably, the sudden and steep increase in international protection applications submitted to the Asylum Service has maximized the challenge in identifying the applicants. Statistical data of the Hellenic Police on Irregular Migration8: Irregular migrants arrested by police and port police authorities for illegal entry and residence in 2013: 43.002, 2014: 77.163, 2015: 911.471, 2016: 204.820, (January 1, 2017 – March 31, 2017): 10583. The increase in the number of irregularly entering third‐country nationals caused increased needs for logistical equipment, infrastructure and human resources. With the existing resources at the time and the increasing flows of third‐country nationals, guarding effectively the external borders of the country and implementing the procedures for registering arrested third‐country nationals were not feasible in practice9.

1 According to data from the Reception and Identification Service. 2 According to data from the Hellenic Ministry of Foreign Affairs. 3 According to data from the Migration Policy Department of the Hellenic Ministry for Migration Policy. 4 According to data from the Reception and Identification Service. 5 According to data from the Hellenic Ministry of Foreign Affairs. 6 According to data from the Hellenic Asylum Service. 7 Asylum Service (2017) Statistical Data of the Asylum Service: (from June 7, 2013 to April 30, 2017). Athens: Hellenic Ministry of Interior/Asylum Service (access on: May 20, 2017, available at: http://asylo.gov.gr/?page_id=615). 8 Hellenic Police (2017) Statistical Data on Illegal Migration 2017. Athens: Hellenic Police (access on: May 20, 2017, available at: http://goo.gl/XlrVfc). 9 According to data from the Hellenic Police.

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Q3. Has your (Member) State faced challenges in considering asylum applications/implementing the return of third‐ country nationals as a result of their identity not being acknowledged by the (presumed) country of origin? Yes

If Yes, please provide the list of countries of (claimed) origin for which establishing identity was considered to be particularly difficult as of 31st December 2016, (i) when considering asylum applications; (ii) for implementing return.

Applications for international protection with declared countries of origin namely Afghanistan, Eritrea, Russia, South Sudan and Sudan, more often than others, may raise doubts concerning the credibility of the declared nationality, making it more difficult for them to be assessed by the Asylum Service. An applicant for international protection whose application is finally rejected is required to leave the country unless he/she has documents entitling him/her to stay for other reasons, regardless of the application for international protection. Third countries for which the recognition of the identity of foreign nationals is considered particularly difficult are10: Afghanistan, Bangladesh, Congo, Democratic Republic of the Congo, Eritrea, Myanmar, Nigeria, Pakistan, Sierra Leone, Somalia, Sri Lanka.

10 According to data from the Hellenic Police.

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SECTION 1.2 STATISTICAL INFORMATION

Q4.Please provide, to the extent possible, the following statistics (with their source) along with, if necessary, an explanatory note to interpret them if, for example, the statistics provided are partial, had to be estimated (e.g. on the basis of available statistics that differ from the ones requested below, or of first‐hand research) or if they reflect any particular trends (e.g. a change in policy, improved methods of establishing identity, a change in the country of origin of applicants for international protection or of rejected asylum seekers, etc.) If statistics are not available, please try to indicate an order of magnitude. Statistics already available through Eurostat have not been requested in order to facilitate the task of filling in the Common Template.

Table 1: Statistical information on international protection and return procedures

2012 2013 2014 2015 2016

Additional Information (e.g. sources, caveats, reasons for trends, top five nationalities, with numbers for total applicants) If statistics cannot be provided, please indicate the reasons why, ˃The necessary registrations are not made; Yes/No ˃ The registered information cannot easily be extracted for reporting and statistics; Yes/No ˃ The statistics are only produced for internal use, and are not available to the public. Yes/No ˃ Other reasons, please describe:

Number of applicants for international protection whom identity was not documented11at the time when the application for international protection was lodged

Additional Information (e.g. sources, caveats, reasons for trends, top five nationalities, with numbers for total applicants) The majority of those seeking international protection do not present identity documents. It is noted, that the system, in which the applicant's personal data are recorded and the statistical data are extracted, cannot extract the specific statistical data. If statistics cannot be provided, please indicate the reasons why, ˃The necessary registrations are not made; Yes/No ˃The registered information cannot easily be extracted for reporting and statistics; Yes/No ˃The statistics are only produced for internal use, and are not available to the public. Yes/No ˃Other reasons, please describe:

Number of applicants for international protection for whom identity was wholly or partially12 established during the asylum procedure thereby allowing the relevant authorities to reach a particular decision on the application for international protection (e.g. grant, refuse, defer)


Total Number of Positive Decisions for applicants for international protection whose identity was not documented13at the time of application


Total Number of Positive Decisions for applicants for international protection whose identity was

Additional Information (e.g. sources, caveats, reasons for trends, top five nationalities, with numbers for total applicants)

11 By presenting of an official identity document (identity card or passport) or other document(s) which has been accepted in the Member State for the purpose of identity verification (e.g. driver's license). 12 For example, if certain identity data (e.g. nationality) could be established, but not others (e.g. full name, date of birth). 13 By presenting of an official identity document (identity card or passport) or other document(s) which has been accepted in the Member State for the purpose of identity verification (e.g. driver's license).

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considered sufficiently established by the decision‐making authorities

The majority of those seeking international protection do not present identity documents. It is noted, that the system, in which the applicant's personal data are recorded and the statistical data are extracted, cannot extract the specific statistical data. If statistics cannot be provided, please indicate the reasons why, ˃ The necessary registrations are not made; Yes/No ˃ The registered information cannot easily be extracted for reporting and statistics; Yes/No ˃The statistics are only produced for internal use, and are not available to the public. Yes/No ˃ Other reasons, please describe:

Total Number of Negative Decisions for applicants for international protection whose identity was not documented14at the time of application

Additional Information (e.g. sources, caveats, reasons for trends, top five nationalities, with numbers for total applicants) The majority of those seeking international protection do not present identity documents. It is noted, that the system, in which the applicant's personal data are recorded and the statistical data are extracted, cannot extract the specific statistical data. If statistics cannot be provided, please indicate the reasons why, ˃ The necessary registrations are not made; Yes/No ˃ The registered information cannot easily be extracted for reporting and statistics; Yes/No ˃ The statistics are only produced for internal use, and are not available to the public. Yes/No ˃ Other reasons, please describe:

Total Number of Negative Decisions for applicants for international protection whose identity was not considered to be sufficiently established by the decision‐making authorities

Additional Information (e.g. sources, caveats, reasons for trends, top five nationalities, with numbers for total applicants) The majority of those seeking international protection do not present identity documents. It is noted, that the system, in which the applicant's personal data are recorded and the statistical data are extracted, cannot extract the specific statistical data. If statistics cannot be provided, please indicate the reasons why, ˃ The necessary registrations are not made; Yes/No ˃ The registered information cannot easily be extracted for reporting and statistics; Yes/No ˃ The statistics are only produced for internal use, and are not available to the public. Yes/No ˃ Other reasons, please describe:

Total Number of (Forced)15Returns undertaken of all rejected applicants for international protection

In 2012, 22.117 forced and voluntary returns of third‐county nationals were carried out. 11.557 were forced returns and refoulements, 6.324 were voluntary returns via IOM and 4.236 were the programme of the Hellenic Police. Third countries where most returns (forced and voluntary) were made, are mentioned below: Albania Pakistan Bangladesh Afghanistan Iraq Bulgaria It is noted that the system that maintains statistics about forced returns does not provide qualitative information regarding

In 2013, 26.186 forced and voluntary returns of third‐county nationals were carried out. 16.313 were forced returns and refoulements, 9.225 were voluntary returns via IOM and 648 were the programme of the Hellenic Police. Third countries where most returns (forced and voluntary) were made, are mentioned below: Albania Pakistan Bangladesh Afghanistan Iraq Bulgaria It is noted that the system that maintains statistics about forced returns does not provide qualitative information regarding

In 2014, 27.789 forced and voluntary returns of third‐county nationals were carried out. 20.293 were forced returns and refoulements, 7.334 were voluntary returns via IOM and 162 were the programme of the Hellenic Police. Third countries where most returns (forced and voluntary) were made, are mentioned below: Albania Pakistan Georgia Bangladesh Afghanistan It is noted that the system that maintains statistics about forced returns does not provide qualitative information regarding the cause for the return (e.g.

In 2015, 20.868 forced and voluntary returns of third‐county nationals were carried out. 17.097 were forced returns and refoulements, 3.718 were voluntary returns via IOM and 53 were the programme of the Hellenic Police. Third countries where most returns (forced and voluntary) were made, are mentioned below: Albania Pakistan Georgia Bulgaria Afghanistan Bangladesh Iraq It is noted that the system that maintains statistics about forced returns does not provide

In 2016, 19.151 forced and voluntary returns of third‐county nationals were carried out. 12.998 were forced returns and refoulements, 6.153 were voluntary returns via IOM. In 2016, there were no returns via the programme of the Hellenic Police. Third countries where most returns (forced and voluntary) were made, are mentioned below: Albania Pakistan Morocco Iraq Afghanistan Iran It is noted that the system that maintains statistics about forced returns does not provide

Additional Information (e.g. sources, caveats, reasons for trends, top five nationalities, with numbers for total applicants) If statistics cannot be provided, please indicate the reasons why, ˃ The necessary registrations are not made; Yes/No ˃ The registered information cannot easily be extracted for reporting and statistics; Yes/No ˃ The statistics are only produced for internal use, and are not available to the public. Yes/No ˃ Other reasons, please describe:

14 Idem. 15 While the scope of this Focussed Study (with respect to Returns) includes only the forced return of rejected applicants for international protection, it is acknowledged that distinguishing between forced and voluntary returns in official statistics may not be possible. Where possible, do make this distinction.

11



the cause for the return (e.g. rejected asylum or the other subcases mentioned in the following questions in the table).

the cause for the return (e.g. rejected asylum or the other subcases mentioned in the following questions in the table).

rejected asylum or the other subcases mentioned in the following questions in the table).

qualitative information regarding the cause for the return (e.g. rejected asylum or the other subcases mentioned in the following questions in the table).

qualitative information regarding the cause for the return (e.g. rejected asylum or the other subcases mentioned in the following questions in the table).

Total Number of (Forced)16Returns of rejected applicants for international protection whose identity was established at the time of return


Total Number of (Forced)17Returns of rejected applicants for international protection whose return could not be executed due to the authorities of the (presumed) country of origin refusing to recognise their nationals or considering their identity as not sufficiently18 established


Table 2: Statistical information on other migration‐related procedures

2012 2013 2014 2015 2016

Additional Information (e.g. sources, caveats, reasons for trends, top five nationalities, with numbers for total applicants) If statistics cannot be provided, please indicate the reasons why, ˃The necessary registrations are not made; Yes/No ˃The registered information cannot easily be extracted for reporting and statistics; Yes/No ˃The statistics are only produced for internal use, and are not available to the public. Yes/No ˃Other reasons, please describe:

Total Number of visas applied for in consulates in third countries19

*See table below

*See table below

*See table below

*See table below

*See table below


Total Number of visas refused in consulates in third countries20

*See table below

*See table below

*See table below

*See table below

*See table below


16 Idem. 17 Idem. 18 For example if the authorities were unable to formally identity the third‐country national by nationality, surname, first name and date of birth and support such identification with the documents required by the third county. 19 If your Member State is part of the Schengen area this statistics are collected at EU level and need not be repeated 20 Idem.

12



Total Number of visas refused in consulates in third countries due to the applicant having presented a travel document which was false, counterfeit or forged


Total Number of residence permits for remunerated activities refused due to the identity of the applicant not being considered sufficiently established


Total Number of residence permits for study purposes refused due to the identity of the applicant not being considered sufficiently established


Total Number of residence permits for family reasons refused due to the identity of the applicant/the family relationship not being considered sufficiently established


*

Schen

gen State

Country where consulate is located

Consulate

Airport transit visas (ATV

s) applied for

ATV

s issued

(including multiple)

Multiple ATV

s issued

ATV

s not issued

Not issued

rate for ATV

s

Uniform

visas applied for

Total uniform

visas issued

(including MEV

)

Multiple entry uniform

visas (MEV

s) issued

Share of MEV

s on total number of uniform

visas

issued

Total LTV

s issued

Uniform

visas not issued

Not issued

rate for uniform

visas

Total A

TVs and uniform

visas applied for

Total A

TVs and uniform

visas issued

(including

multiple ATV

s, M

EVs and LTV

s)

Total A

TVs and uniform

visas not issued

Not issued

rate for ATV

s and uniform

visas

Greece Albania Korce 18 14 8 57.1% 3 1 5.6% 18 17 1 5.6%

Greece Albania Tirana 370 327 222 67.9% 12 31 8.4% 370 339 31 8.4%

Greece Algeria Algiers 1,692 734 151 20.6% 958 56.6% 1,692 734 958 56.6%

Greece Argentina Buenos aires 17 17 17 100.0% 17 17

Greece Armenia Yerevan 11,883 10,751 1,992 18.5% 1 1,131 9.5% 11,883 10,752 1,131 9.5%

Greece Australia Adelaide 126 125 42 33.6% 1 126 126

Greece Australia Canberra 13 11 2 18.2% 2 15.4% 13 11 2 15.4%

Greece Australia Melbourne 372 371 14 3.8% 1 0.3% 372 371 1 0.3%

Greece Australia Perth 292 292 31 10.6% 292 292

Greece Australia Sydney 193 192 117 60.9% 1 193 193

Greece Azerbaijan Baku 1,017 922 250 27.1% 3 92 9.0% 1,017 925 92 9.0%

Greece Belgium Brussels 5 4 1 25.0% 1 5 5

Greece Bosnia and Herzegovina Sarajevo 368 350 15 4.3% 16 2 0.5% 368 366 2 0.5%

Greece Brazil Brasilia 5 5 5 100.0% 5 5

Greece Brazil Sao Paulo 12 12 8 66.7% 12 12

Greece Bulgaria Plovdiv 36 36 35 97.2% 36 36

Greece Bulgaria Sofia 1,088 1,054 775 73.5% 16 18 1.7% 1,088 1,07 18 1.7%

Greece Canada Montreal 135 134 49 36.6% 1 0.7% 135 134 1 0.7%

Greece Canada Ottawa 23 23 12 52.2% 23 23

Greece Canada Toronto 366 363 136 37.5% 3 0.8% 366 363 3 0.8%

Greece Canada Vancouver 156 148 19 12.8% 8 5.1% 156 148 8 5.1%

13



Greece Chile Santiago de Chile 16 15 15 100.0% 1 6.3% 16 15 1 6.3%

Greece China Beijing 1 1 23,903 23,342 1,944 8.3% 58 503 2.1% 23,904 23,401 503 2.1%

Greece China Guangzhou (Canton)

9,603 9,336 915 9.8% 267 2.8% 9,603 9,336 267 2.8%

Greece China Shanghai 24,304 23,956 1,499 6.3% 348 1.4% 24,304 23,956 348 1.4%

Greece Congo (Democratic Republic) Kinshasa 1,265 574 84 14.6% 1 690 54.5% 1,265 575 690 54.5%

Greece Croatia Zagreb 10 10 9 90.0% 10 10

Greece Cuba Havana 146 120 30 25.0% 26 17.8% 146 120 26 17.8%

Greece Cyprus Nicosia 3 3 1,776 1,73 836 48.3% 14 32 1.8% 1,779 1,747 32 1.8%

Greece Egypt Alexandria 2,865 2,608 1,219 46.7% 3 254 8.9% 2,865 2,611 254 8.9%

Greece Egypt Cairo 5,518 4,751 1,887 39.7% 42 725 13.1% 5,518 4,793 725 13.1%

Greece Ethiopia Addis abeba 370 244 88 36.1% 4 122 33.0% 370 248 122 33.0%

Greece Former Yugoslav Republic of

Macedonia Bitola 113 98 49 50.0% 15 113 113

Greece Former Yugoslav Republic of

Macedonia Skopje 1,342 1,038 668 64.4% 285 19 1.4% 1,342 1,323 19 1.4%

Greece France Paris 4 4 1 25.0% 4 4

Greece Georgia Tbilissi 14,05 11,742 695 5.9% 2,308 16.4% 14,05 11,742 2,308 16.4%

Greece Germany Stuttgart 5 4 1 5 5

Greece Hong Kong s.a.r. Hong Kong 391 378 124 32.8% 13 3.3% 391 378 13 3.3%

Greece India New Delhi 1 1 1 26,197 23,946 23,112 96.5% 2,251 8.6% 26,198 23,947 2,251 8.6%

Greece Indonesia Jakarta 2,298 2,242 1,91 85.2% 56 2.4% 2,298 2,242 56 2.4%

Greece Iran Teheran 9,504 6,907 1,317 19.1% 292 2,305 24.3% 9,504 7,199 2,305 24.3%

Greece Iraq Baghdad 682 500 185 37.0% 20 162 23.8% 682 520 162 23.8%

Greece Ireland Dublin 357 354 10 2.8% 3 0.8% 357 354 3 0.8%

Greece Israel Jerusalem 1,81 1,557 483 31.0% 35 218 12.0% 1,81 1,592 218 12.0%

Greece Israel Tel aviv 367 348 64 18.4% 8 11 3.0% 367 356 11 3.0%

Greece Italy Rome 50 47 18 38.3% 2 1 2.0% 50 49 1 2.0%

Greece Japan Tokyo 218 218 19 8.7% 218 218

Greece Jordan Amman 4,489 3,938 1,232 31.3% 22 529 11.8% 4,489 3,96 529 11.8%

Greece Kazakhstan Astana 6,13 6,1 1,297 21.3% 30 0.5% 6,13 6,1 30 0.5%

Greece Kenya Nairobi 884 757 171 22.6% 7 120 13.6% 884 764 120 13.6%

Greece Kosovo Pristina 6,364 466 269 57.7% 5,498 400 6.3% 6,364 5,964 400 6.3%

Greece Kuwait Kuwait 3,729 2,859 2,118 74.1% 16 854 22.9% 3,729 2,875 854 22.9%

Greece Lebanon Beirut 18,31 17,117 16,128 94.2% 208 985 5.4% 18,31 17,325 985 5.4%

Greece Mexico Mexico city 26 26 25 96.2% 26 26

Greece Montenegro Podgorica 71 70 66 94.3% 1 71 71

Greece Morocco Casablanca 375 314 53 16.9% 61 16.3% 375 314 61 16.3%

Greece Nigeria Abuja 3,449 2,084 619 29.7% 2 1,363 39.5% 3,449 2,086 1,363 39.5%

Greece Pakistan Islamabad 1,004 509 77 15.1% 1 494 49.2% 1,004 510 494 49.2%

Greece Peru Lima 80 80 52 65.0% 80 80

Greece Philippines Manila 5,819 5,544 2,937 53.0% 275 4.7% 5,819 5,544 275 4.7%

Greece Poland Warsaw 2 2 1 50.0% 2 2

Greece Qatar Doha 1 1 1,696 1,672 928 55.5% 13 11 0.6% 1,697 1,686 11 0.6%

Greece Romania Bucharest 532 499 240 48.1% 15 18 3.4% 532 514 18 3.4%

Greece Russian Federation Moscow 1 1 1 465,933 463,409 405,658 87.5% 66 2,458 0.5% 465,934 463,476 2,458 0.5%

Greece Russian Federation Novorossiisk 28,706 28,507 19,906 69.8% 13 186 0.6% 28,706 28,52 186 0.6%

Greece Russian Federation St. Petersburg 1 1 33,872 33,479 30 89.6% 393 1.2% 33,873 33,48 393 1.2%

Greece Saudi Arabia Jeddah 4,641 4,405 2,955 67.1% 30 206 4.4% 4,641 4,435 206 4.4%

Greece Saudi Arabia Riyadh 3,522 3,347 2,467 73.7% 10 165 4.7% 3,522 3,357 165 4.7%

Greece Serbia Belgrade 226 223 223 100.0% 3 226 226

Greece South Africa Cape town 3,041 2,997 2,935 97.9% 44 1.4% 3,041 2,997 44 1.4%

Greece South Africa Johannesburg 5,817 5,723 5,701 99.6% 2 92 1.6% 5,817 5,725 92 1.6%

Greece South Korea Seoul 63 60 13 21.7% 3 4.8% 63 60 3 4.8%

Greece Spain Madrid 6 6 4 66.7% 6 6

Greece Thailand Bangkok 2,37 2,292 485 21.2% 1 77 3.2% 2,37 2,293 77 3.2%

Greece Tunisia Tunis 1,134 817 325 39.8% 1 316 27.9% 1,134 818 316 27.9%

14



Greece Turkey Ankara 7,649 7,333 7,116 97.0% 58 258 3.4% 7,649 7,391 258 3.4%

Greece Turkey Edirne 23,72 23,606 23,534 99.7% 60 54 0.2% 23,72 23,666 54 0.2%

Greece Turkey Istanbul 82,852 80,322 68,905 85.8% 466 2,064 2.5% 82,852 80,788 2,064 2.5%

Greece Turkey Izmir 50,156 49,584 47,114 95.0% 108 464 0.9% 50,156 49,692 464 0.9%

Greece Ukraine Kyiv 1 1 38,522 37,376 16,062 43.0% 6 1,14 3.0% 38,523 37,383 1,14 3.0%

Greece Ukraine Mariupol 134 129 58 45.0% 5 3.7% 134 129 5 3.7%

Greece Ukraine Odesa 13,816 13,59 5,882 43.3% 226 1.6% 13,816 13,59 226 1.6%

Greece United Arab Emirates Abu Dhabi 7,26 5,86 2,207 37.7% 154 1,246 17.2% 7,26 6,014 1,246 17.2%

Greece United Kingdom London 7,288 7,246 5,619 77.5% 20 22 0.3% 7,288 7,266 22 0.3%

Greece Uruguay Montevideo 1 1 1 1

Greece USA Atlanta, GA 194 178 70 39.3% 13 3 1.5% 194 191 3 1.5%

Greece USA Boston, MA 329 323 117 36.2% 3 3 0.9% 329 326 3 0.9%

Greece USA Chicago, IL 448 440 403 91.6% 8 448 448

Greece USA Houston, TX 311 304 248 81.6% 5 2 0.6% 311 309 2 0.6%

Greece USA Los Angeles, CA 515 507 229 45.2% 7 1 0.2% 515 514 1 0.2%

Greece USA New York, NY 1,33 1,289 1,241 96.3% 31 10 0.8% 1,33 1,32 10 0.8%

Greece USA San Francisco, ca 436 423 193 45.6% 12 1 0.2% 436 435 1 0.2%

Greece USA Tampa, FL 187 179 32 17.9% 8 187 187

Greece USA Washington, DC 2,037 471 283 60.1% 1,562 4 0.2% 2,037 2,033 4 0.2%

Greece Venezuela Caracas 6 6 3 50.0% 6 6

Greece Vietnam Hanoi 907 725 175 24.1% 9 173 19.1% 907 734 173 19.1%

Greece Zimbabwe Harare 292 251 97 38.6% 1 40 13.7% 292 252 40 13.7%

Source: European Commission, Migration and Home Affairs, Schengen – Borders and Visa, Visa Policy, Visa statistics for consulates 2016. (See: https://ec.europa.eu/home‐affairs/what‐we‐do/policies/borders‐and‐visas/visa‐policy_en#stats)

a) National visas issued for the year 2017: 5.059 b) National visas rejected for the year 2017: 37621. Table 3: Statistical information on methods used to establish identity

2012 2013 2014 2015 2016


Total Number of Cases in which language analysis was performed to establish the identity of the third‐country national


Total Number of Cases in which an age assessment was performed to determine whether the third‐ country national was a minor


Total Number of Cases in which a DNA Analysis was used to establish the family relationship in family reunification cases


Total Number of Cases in which Interviews were used to determine probable country and/or region of origin


21 According to data from the Hellenic Ministry of Foreign Affairs.

15



SECTION 1.3 RELEVANT EU AND NATIONAL LEGISLATION EU acquis [To be provided by the EMN Service Provider] National legislation

Q5. Has the legislative basis for the procedures used to determine identity within the procedure for international protection and/or return been changed since the 2013 EMN Study on 'Establishing identity'? Yes/No

If 'yes', please describe the reasons for this change (e.g. whether this is due to a change in the number of asylum applications and irregular migrants in your (Member) State as of 2014).

Within the context of international protection, the procedures used to establish the identity of third country nationals are specifically described in Articles 9, 13, 36, 42 and 43 of Law 4375/2016, which adapted the Greek Legislation to the provisions of Directive 2013/32/EC of the European Parliament and of the Council "on common procedures for granting and withdrawing international protection status (recast)" (Law 180/June 29, 2013). A new legislation on the determination of the minority status of the applicants for international protection was also adopted with the Joint Ministerial Decision no.1982/2016 (Official Gazette B'‐335‐February 16, 2016), which indicatively states: "If, at any stage of the procedure before that of the Asylum Service, the competent official has doubts regarding the age assessment of an applicant for international protection, he/she must inform the Head of the Regional Office of Asylum (PGA), who by his/her decision, in which he/she specifically justifies the doubt regarding age assessment, he/she refers the applicant to a competent structure of the public health system or a supervised institution of the Hellenic Ministry of Health within the local jurisdiction of the PGA in which a pediatrician, a psychologist are working and a social service is operating”22.

Q6. Is the process used when verifying the identity of third country applicants for visitors' visa, work and study permits and family reunification permits,

laid down in national legislation? Yes/No If Yes, briefly specify which legislative documents regulate the process of identity determination in relation to these procedures.

The procedures and conditions for issuing visas for transit from or with intention to stay in the territory of the Member‐States, which is not exceeding three months per a six‐month period (Schengen visas), are provided by EU Legislation23, and in particular Regulation 810/2009 of the European Parliament and the Council of the 13th of July 2009 regarding the establishment of the community code on visas (visa code). The Regulation lays down the procedures and conditions for issuing visas for transit from or with intention to stay in the territory of the Member‐States, which shall not exceed three months per six‐month period. Moreover, the Regulation (EC) no.767/200824 of the European Parliament and of the Council of the 9th July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member‐States on short‐stay visas (VIS Regulation), based on the common policy acquis Visas, defines the purpose, the functions and responsibilities of the Visa Information System (VIS), as provided for in Article 1 of Decision 2004/512/EC. It specifies the conditions and procedures for the exchange of data between Member‐States regarding short‐stay visa applications and the relevant decisions, including the decision to cancel, revoke or extend the visa, in order to facilitate the examination of such applications and the taking of the relevant decisions. The application prerequisites for obtaining a national visa and residence permit are provided by Law 4251/2014 Article 625, which stipulates inter alia: “The right of residence of third‐country nationals who are legally entering Greece for one of the reasons of this Code, is subjected to the following conditions: a) Hold a valid travel document recognized by Greece. b) Hold a valid national visa for one of the reasons of the law, under more specific provisions of this Code. c) Not be considered a threat to public order, internal security or international relations and not to be registered as unwanted in national databases. d) Do not constitute a risk to public health. e) Have full health insurance, for all the risks covered for Greek nationals. Subject to special regulations of the insurance law, the third‐country nationals who reside in the country for work and members of their families, provided that they are dependent, are obligatorily insured by the insurance institution they are falling under, depending on the occupation they exercise, respectively, with the Greek nationals. Third‐country nationals who reside in the country for other reasons may be insured via private insurers”. Moreover, in the relevant national legislation the Joint Ministerial Decision 30825/June 4, 201426 is included, concerning the “Specification of the required documents for the granting of national visas and for the granting and renewal of a residence permit in accordance with the provisions of Law 4251/2014, Article 1”, and the Joint Ministerial Decision 68019/21‐10‐1527, amending no.30825/2014 Joint Decision of the Ministers of Interior and Administrative Reconstruction and Foreign Affairs and determination of the required documents for the granting of national visas for the granting and renewal of a residence permit according to the provisions of Law 4251/2014”, which states: Third‐country nationals whose applications for international protection is rejected, subject to the provisions of Article 28 of Presidential Decree 114/2010: Granting a residence permit: • Document with which the interested individual is referred to the Hellenic Ministry of the Interior by the competent Authorities of the Decision of Article 2, Case 19 of the Presidential Decree 113/2013 following on their assumptions regarding the assistance of the applicant objective inability for his/her take off or return to his/her country of origin or habitual residence for reasons of force majeure such as serious health reasons of his/hers or of a member of his or her family, international exclusion of his country, or assistance to the individual of the non‐refoulment clause in Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms ratified by the first Article of Decree no.53/1974 [Government Gazette (GG) A’ 256] or of the Article 3 of the New York Convention of the 10th of December 1984 against torture and other cruel, inhuman or degrading treatment, ratified by Law 1782/1988 (GG A’ 116). Regarding the renewal of a residence permit, the following documents are required:

• Application form properly filled in. • Two (2) recent colour photos in physical form, the technical specifications of which are the same as those of passports, as they always apply,

and in digital form in an optical storage disc (CD) in form of JPEG2000 graphics. • A certified copy of a valid passport or travel document recognized by the Hellenic Republic, with the exception of third‐country nationals who

are objectively deprived of passport, who instead of the passport or travel document, will make a declaration stating the particular circumstances or situations for the existing temporary or permanent objective impossibility of its possession and relevant documents proving it (e.g. document of the consular authority of origin state of the third country national officially validated and translated, document of Greek public authority). In any case, a document from a public authority, Greek or from the country of origin of the third country national from which the identity of the person concerned will be obtained (passport, regardless of expiry date, identity card, birth certificate, marital status certificate, birth certificate).

• Evidence regarding the validity of the grounds for which the residence permit was issued.

22 See: http://asylo.gov.gr/wp‐content/uploads/2016/02/%CE%91%CE%9D%CE%97%CE%9B%CE%99%CE%9A%CE%9F%CE%A4%CE%97%CE%A4%CE%91.pdf 23 According to data from the Hellenic Ministry of Foreign Affairs. 24 According to data from the Hellenic Ministry of Foreign Affairs. 25 According to data from the Hellenic Ministry of Foreign Affairs. 26 According to data from the Hellenic Ministry of Foreign Affairs. 27 According to data from the Hellenic Ministry of Foreign Affairs.

16



The Circular no. 20406/22‐5‐17 of the Directorate for Migration Policy of the General Directorate of Citizenship and Migration Policy entitled “Changing of the identity of third‐country nationals”, states: "In accordance with the provisions of Article 19A, Case 1f of Law 4251/2014, as in force, the Directorate for Migration Policy of the Ministry for Migration Policy is responsible for receiving applications from third‐country nationals whose case is referred by the competent Decision authorities of Article 2, Case 19 of Presidential Decree 133/2013 (GG Α΄146) and the Appeal Committees of Articles 26 and 32 of the Presidential Decree 114/2010 (GG A΄195), as in force, following a probability for their assistance by the legitimate preconditions for granting a residence permit for humanitarian reasons. It has been observed that, either when applying for a humanitarian residence permit on the basis of the above provisions, or at a later stage, the individuals concerned present a passport, from which differences in their personal data arise according to which the decision of the competent Authority was issued and the relevant referral note. It is noted that in these particular cases the request of the beneficiaries of international protection has been rejected and the possibility of their inclusion in the migration legislation is possible (Code of Migration and Social Inclusion). a) When any change of information has been reported to the competent Decision‐making Authority and is mentioned in its decision or a certificate from the same Authority is presented that the particular change in information is declared to it and does not affect the outcome of its final judgment, the Directorate of Migration Policy should have to receive the relevant request, taking into account the new identification data of the third‐country national. b) When the change in information concerns minor changes in personal data due to the different way of writing or transcription of the name or surname from their mother tongue into Latin script or in the case where there is an addition or deletion of a secondary or middle name, and taking into account that the registration of such data has been made in a statement, the presentation of a certificate of identity from the competent Decision‐making Authority accompanied by the new passport in force, is sufficient. c) On the other hand, if there are significant changes that alter the identity of the individuals concerned, such as complete change of name or surname or date of birth, as well as in cases, from which a declaration of false nationality results, the relevant requests of the nationals concerned, they are not received or if they have been received, are rejected or revoked, as the fulfilment of the conditions for obtaining a residence permit are not fulfilled on their behalf under Law 4251/2014, as in force." See also the Joint Ministerial Decision no.12013/1628 from April 12, 2016 of the Directorate of Migration Policy of the General Directorate of Citizenship and Migration Policy notified to the Decentralized Administrations, entitled: “Clarifications on third‐country nationals, objectively deprived of passports”.

SECTION 1.4 THE INSTITUTIONAL FRAMEWORK AT NATIONAL LEVEL

Q7. Have there been any changes concerning which national authorities have the responsibility for establishing the identity of applicants for international

protection and return following the 201329 EMN Study on 'Establishing identity'? Yes/No If 'yes', please describe those changes and specify whether they are a consequence of a surge/decrease in asylum applications and irregular immigration in recent years.

The Police authorities, according to the P.D. 114/2010, as applicable since June 7, 2013, have ceased to receive new applications for international protection, and the competent authority for receiving these applications is the Regional Asylum Offices and the Independent Units of the Asylum Regional Offices of the Asylum Service under Law 3907/2011. According to Article 1 Paragraph 1 of Law 4375/2016, the Asylum Service, established under Article 1 of Law 3907/2011 (GG A’ 7), operates at a Directorate level and is responsible for implementing the legislation on asylum and any other forms of international protection of foreign nationals and stateless persons, as well as for contributing to the planning and formulation of the national asylum policy. The P.D. 114/2010, as amended and as applicable, shall not only continue to apply to international protection applications submitted under the aforementioned Decree since June 6, 2013, but also as long as the previous Presidential Decrees 61/1999, 90/2008 and 81/2009 are in force.

Q8. Which national authorities have the responsibility for verifying the identity of third country applicants for visitors' visa and permits for the purposes of

study, family reunification and remunerated activities? Please describe which authorities take part in which procedures in your (Member) State and specify the name of the relevant authorities below (providing an English translation if possible, e.g. Rajavartiolaitos ‐ Finnish Border Guard; Migrationsverket ‐ Swedish Migration Agency).

[Please insert your response below and also complete the summary table provided in Annex 1]

Regarding national visas, the consular authorities of the Hellenic Ministry of Foreign Affairs and the Passport Inspection Services belonging to the Directorate of Border Protection under the Hellenic Police Headquarters are responsible. In exceptional circumstances, identification, verification and checks are carried out at the borders when they cannot be issued by the consulates. In addition, the Hellenic Ministry for Migration Policy and the Decentralized Administrations are the responsible institutions to grant residence permits30.

28 According to data from the Migration Policy Department of the Hellenic Ministry for Migration Policy. 29 See: https://ec.europa.eu/home‐affairs/sites/homeaffairs/files/what‐we‐do/networks/european_migration_network/reports/docs/emn‐studies/establishing‐identity/11a._greece_national_report_establishing_identity_for_international_protection_final_en_version_08oc_en.pdf 30 According to data from the Hellenic Asylum Service.

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Q9. For each of the migration procedures considered (applications for international protection, returnees, visa and residence permit applicants), please briefly describe the different steps followed to establish the identity of third country nationals, including:

Parts of the process which have been automated;31

Biometric technologies used, if any;

Identification/identity verification tasks carried out by a decision‐maker or specialised officer;

Centralised or decentralised identification function(s). [Insert response in table in Annex 2]

After the arrival of the third country nationals in the country, the Reception and Identification Service carries out the identification and recording of the persons' data32 and sends their fingerprints in order be imported into the EURODAC database. Then, the Reception and Identification Service conducts medical examinations, provides psychological support, conducts a procedure of detection of the vulnerability of the third country nationals, and refers them to the competent services33 for further administration, as follows: a) Third country nationals who wish to apply for international protection, are referred to the Asylum Service; b) Vulnerable persons are referred to the National Centre for Social Solidarity (E.K.K.A. in Greek) in order to find the appropriate hosting structure (Law 3907/2011 provides a numbered list of the cases in which a person can be characterized as belonging to a vulnerable group and should be referred as such); c) Other third country nationals are referred to the Hellenic Police for further administrative procedures; d) Others who wish to return to the country of their origin are referred to the International Organization for Migration (IOM) which undertakes their return and repatriation procedures; e) procedures of voluntary return are also undertaken by the Hellenic Police (Aliens Division, Attica)34 Moreover, the procedure that could be described as automated, is the intention of the person to apply for international protection to the Asylum Service, which is sent directly by an e‐mail to the Asylum Service35. During the procedure of the registration of an application for international protection, the applicant shall be photographed and have his/her fingerprints taken. The fingerprints of the applicant are registered to the EURODAC database, where they are checked for previous entries in EU countries, and for the possibility of a submission of an earlier application for international protection in the same or another Member‐State36. The complete registration of an application for international protection shall include at least the identity, the country of origin of the applicant, the names of his/her father, mother, spouse and his/her children, biometric data, as well as, a brief report regarding the reasons for which the applicant seeks international protection. In particular, with regard to the procedure of filing an application for international protection, the procedure of recording the identity data of the applicants (and/or their subsequent change in the procedure of the examination of their application) is followed as provided in Article 43 of Law 4375/2016. More specifically: the applicants’ identity data for international protection are resulting from their passport, their identity card or their birth certificate if they were born in Greece. Other documents may also be accepted, following a relevant decision of the Director of the Asylum Service. In the case of absence of such documents, the applicants’ identity data are recorded according to the declaration of the applicant, during the registration of the application for international protection. The identity data may be modified by a decision of the Head of the competent Receiving Authority following a relevant request of the applicant for international protection. The request must be accompanied by the original documents, unless the modification refers to blatant written errors or errors in the transliteration from other alphabets into the Latin alphabet, thus a simple request from the individual concerned is sufficient. By way of exception, the data relating to the nationality and place of birth of the applicant can be modified by decision of the Head of the Receiving Authority, following a recommendation by the case‐handler/worker, if, during the interview the applicant makes a relevant declaration and it is ascertained that these data have been registered erroneously. Similarly, by way of exception, identity data can be modified if during the interview the applicant provides serious and well‐founded reasons regarding why he/she had not initially declared his/her genuine identity data. The date of birth can be modified after the age determination procedure, unless during the interview it appears that the applicant who is registered as an adult is apparently a minor, thus a decision of the Head of the competent Receiving Authority, following a recommendation by the case‐handler, shall suffice37. In national visas, no fingerprinting is conducted but there are many supporting documents. The procedure is complex but there are no problems with the applicants in the consulates because of the procedures that minimize the cases of missing falsified documents. Regarding visas, there are databases for the fingerprints at the Hellenic Ministry of the Interior. For the entry and residence visas the fingerprints are in the “chip” of the residence permit38.

• applied biometric technologies, if any. In Schengen visas, they are implemented and are recorded in EURODAC39. • identification/authentication of identity procedures performed by a decision maker or a qualified officer. • When examining applications, the applicant's nationality is of particular importance, when the applicant comes from countries where there is a

“migratory threat” or there are various problems, in such cases the control is more intensive40. • centralized or decentralized function (s) of recognition.

The operation is twofold, the check is implemented on the spot but the second control stage is the VIS and is carried out centrally and decentralized41. Steps of the recognition process: 1. Submitting the application 2. Obtaining biometric data 3. Taking a photograph 4. Audit of travel and supporting documents and, if required 5. Conduction of an interview Regarding the section dealing with residence permits, the procedure followed in order to establish the identity of third‐country nationals is described in detail in Circular no.2/February 15, 2017 (See Q6 as well). The International Organization for Migration (IOM) is the authority responsible for the return of third‐country nationals, who voluntarily apply to return to their country of origin. It is also responsible for the implementation of the procedure for verifying the identity of foreigners and then issuing their travel documents for the return. When examining the visa application at the external borders, the search process in the databases and the registration of the application and the visa in the VIS system is automated, while electronic fingerprints and face photographs are also taken and recorded also in the VIS system. The identification process is carried out according to the passport of the applicant of the visa42.

31 Automation is defined as 'The use or introduction of automatic equipment in a manufacturing or other process or facility' (see Oxford Dictionary https://en.oxforddictionaries.com/definition/automation last accessed on 24th March 2017). For example, the use of a document reader would be understood as partially automating the task of performing document checks). 32 The process lasts about 15‐20 minutes. 33 According to data from the Reception and Identification Service. 34 See: http://www.firstreception.gov.gr/content.php?lang=en&id=4 35 See: http://www.firstreception.gov.gr/content.php?lang=en&id=4 36 According to data from the Hellenic Asylum Service. 37 See: http://asylo.gov.gr/en/wp‐content/uploads/2016/05/GREECE_Law_4375_2016_EN_final.pdf 38 According to data from the Hellenic Ministry of Foreign Affairs. 39 According to data from the Hellenic Ministry of Foreign Affairs. 40 According to data from the Hellenic Ministry of Foreign Affairs. 41 According to data from the Hellenic Ministry of Foreign Affairs. 42 According to data from the Hellenic Police.

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A search in databases is conducted and the data are compared. EASO assists with the identity/validity of documents. The qualitative interview is of particular importance. When a suspicious document is found, it will be sent to the Hellenic Police for inspection43.

Q10. Does your (Member) State have in place specific procedures to establish the identity of third‐country nationals within the context of exceptional

migratory flows (e.g. under the EU 'Hotspot' approach)? Yes If Yes, please briefly describe the various steps followed to establish the identity of third‐country nationals within the context of such procedures, explaining in particular how these differ from the regular procedures described in response to Q9 above.

In the year 2016, indicative legislative acts adopted regarding the management of the numerous migratory flows, are the following: Law 4375/16 includes, among other things, provisions to support the functioning of the Reception and Identification Service and of the Asylum Service, with regard to the procedures for the identification and provision of legal status to third country nationals entering Greece and, in particular, for the management of migratory flows. More specifically, Law 4375/16, in Article 944, provides: “1. By a joint decision of the Minister of Finance and the Minister of Interior and Administrative Reconstruction, Reception and Identification Centers are established in the border areas of Greece where this is deemed necessary, taking into account the number of the incoming individuals without the legal formalities. At the Reception and Identification Centers, a Regional Office of Asylum or an Independent Unit or Mobile Asylum Service Unite can operate. 2. By a joint decision of the Minister of Finance and the Minister of Interior and Administrative Reconstruction, Reception and Identification Centers and in hinterland areas are established, for the needs of reception and identification procedures. 3. By decision of the Director of the Service, Mobile Reception and Identification Units may be established at points of the Territory, where the provision of services of reception and identification is deemed necessary, in particular in case of entry of a large number of individuals without the legal formalities, whose referral to a Reception and Identification Center is not immediately feasible or deliberate. 4. By a joint decision of the Minister of Finance and the Minister of Interior and Administrative Reconstruction, Open Temporary Reception Facilities for Applicants for International Protection are established. 5. By a joint decision of the Minister of Finance and the Minister of Interior and Administrative Reconstruction, Open Facilities of Temporary Hospitality of third‐country nationals or stateless individuals who enter or reside in the country without legal formalities are established, and who: a) are in the process of return in accordance with Αrticle 22 of Law 3907/2011 or pursuant to paragraph 3 of this article in conjunction with Αrticle 30 of Law 3907/2011; or b) they are under a status of deferral of expulsion, in accordance with article 24 of Law 3907/2011 or c) they are subjected to the provisions of Αrticles 76 paragraph 5 or Articles 78 or 78A of Law 3386/2005”. Moreover, in article 43 it is provided that: “in the case of arrivals involving a large number of third‐country nationals or stateless individuals who apply for international protection at the border or in a transit area of ports or airports in the country or while staying in Reception and Identification Centers, by a joint decision of the Hellenic Ministers of Interior and Administrative Reconstruction and National Defense, the following are implemented by way of exception: a. The filing of an application for international protection, the delivery of judgments and other procedural documents, as well as the receipt of appeals may be carried out by personnel of the Hellenic Police or by personnel of the Armed Forces. b. In the procedures in point a, in the interview with the applicants for international protection and in any other procedure, the Hellenic Asylum Service may be assisted by personnel and interpreters available from the European Asylum Support Office (EASO). c. The time limit of Αrticle 52 paragraph 5 is one (1) day. The deadline in Article 62 paragraph 2(c) is two (2) days. The time limits of art. 62 paragraph 3, for the notification of the applicant in the case of an oral hearing and for the submission of any memorandum after the examination of the appeal is one (1) day. d. The decision on the application for international protection shall be issued no later than the next day of the interview and shall be served not later than the day following the date of the interview. e. Appeals are reviewed within three (3) days of their filing”. Furthermore, in the same year, the Joint Ministerial Decision no.1982/2016 (Government Gazette B΄‐335‐February 16, 2016)45 – on the age assessment of applicants for international protection, was published.

Q11. Does your (Member) State have a central competence centre or similar entity for issues related to identification/identity verification? Yes/No

If Yes, is that centre responsible for? Yes/No

Issues relating to the determination of identity in respect of the procedure for granting international protection OR in respect of the procedure for executing the return of rejected asylum seekers) OR in respect of third country applicants for visa and residence permit, OR in respect of several (if so, specify which) or all of these procedures

Issues relating to the verification of documents in respect of the procedure for some or all of the abovementioned immigration categories.

In Greece, a responsible structure for identifying/checking the identity of third‐country nationals is the Reception and Identification Service, which through the Reception and Identification Centers (RIC, K.Y.T. in Greek) as well as the mobile units is responsible for:

Verification of the identity and the citizenship of irregular incoming individuals;

Their registration, a process which also includes the determination of their age, which is of particular importance in cases involving an age assessment issue;

Medical check‐ups including medical healthcare as well as psychosocial support services, if necessary;

Responsible information on the rights and obligations of the individuals concerned. Particular care for the provision of information to temporary residents on the structures of the Regional Reception and Identification Services in relation to their eligibility for international protection. In the case where the individual concerned wishes to be granted international protection status, he/she will be referred to the Regional Asylum Office. In the case where it is found that he/she belongs to a vulnerable group, the necessary procedures are implemented in order to be referred to a competent welfare structure46.

Competent authority responsible for issues relating to the determination of identity in respect of the procedure for granting international protection is the Asylum Service, and in respect of the procedure for executing the return of rejected asylum seekers the competent authority is the Hellenic Police.

If Yes: ‐ Has such Centre developed its own database/reference base for:

Genuine documents? No

False documents? No ‐ Does such Centre make use of the database iFADO (iPRADO) for checking false ID documents? No ‐ Does such Centre make use of the EDISON system? No ‐ Does such Centre provide:

Advisory services? No

43 According to data from the Hellenic Asylum Service. 44 According to data from the Hellenic Asylum Service. 45 According to data from the Hellenic Asylum Service. 46 See: http://www.firstreception.gov.gr/content.php?lang=en&id=4

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Assistance through the development of identity management methods? No

Training of frontline officers? No

Support with difficult cases? No ‐ Does such Centre have a forensic document unit? No If your (Member) State does not have a central competence centre, what other institutions/systems are available to provide advisory services/other forms of support to officials responsible for establishing the identity of applicants for international protection or third‐country nationals applying for visitors visa and permits for the purposes of study, family reunification and remunerated activities?

Regarding the identity establishment issues, the procedure for granting international protection includes the following: Asylum Service officers take photo and fingerprint third‐country nationals when registering their application for international protection. Documents estimated as sufficient to prove the identity of the applicant are a passport, national identity card and a birth certificate if the applicant was born in Greece. Other documents47 may be accepted by decision of the Director of the Asylum Service. Any other documents submitted to the Asylum Service shall be checked and assessed for their credibility by the operator of international protection cases. In cases when applicants have no identity document, their identity and nationality shall be recorded in accordance with their respective declarations. In the next stage of the examination process regarding the interview and the first‐instance decision, the competent officials of the Asylum Service (operators of international protection cases), who may consider that there is a doubt regarding the declared nationality on behalf of the applicant, may request and receive advice from the Quality Department of the Asylum Service and the UNHCR staff assigned to the Asylum Service. Officials of the European Asylum Support Office, specialized in detecting forged documents, have also been assigned to the Asylum Service and can assist in dealing with such cases48. Data can also be obtained or confirmed via registry offices49.

Q12. Are the officials responsible for determining the identity of the abovementioned immigration categories authorised to access EU databases holding

identity information about third‐country nationals (e.g. EURODAC, SIS II, VIS, etc.)? Yes If Yes, please specify the authorities given access to each of the various EU databases (e.g. asylum authorities have access to EURODAC and VIS)

The Schengen Information System (SIS) The SIS is a shared database of information on individuals and objects of interest to EU countries. Its purpose is to support police and judicial co‐operation, manage external border controls and maintain public security. All EU countries can create entries on the database, called "alerts," on missing people, people wanted for extradition or arrest, and people who are needed in relation to criminal cases or public security threats. They can also create alerts on property for seizure or use in criminal proceedings. EU countries, excluding Ireland and the United Kingdom, can create alerts for people who are not authorised to enter or stay in the EU. The personal information that can be held in the SIS is limited. It can include a person's name, sex, nationality, date and place of birth, fingerprints and distinguishing physical features. It can also include information about whether the person is armed, violent or on the run. Details about people's ethnic origin, political opinions, religious beliefs, health status or sexual orientation are not allowed to be stored in the SIS. All SIS alerts are processed through a network of national offices in each EU country. These offices which are called “SIRENE” are contact points between officials in the EU country which has created a SIS alert and those in the EU country where the people or objects in question are found. The Visa Information System (VIS) The VIS is a shared database with information on all people who have applied for short‐stay visas to visit or pass through Europe's border‐free travel zone, the Schengen area. The VIS allows EU countries to exchange data on short‐stay visa requests and decisions on refusal, extension, annulment or withdrawal of visas. When someone presents his/her short‐stay visa to the border authorities of the first Schengen area country he/she enters, his/her details will automatically be cross‐checked in this shared database. The VIS started operations on 11 October 2011 in North Africa (Algeria, Egypt, Libya, Mauritania, Morocco and Tunisia). After North Africa, the VIS will be deployed in the Near East and then in the Gulf region. The VIS will be gradually rolled‐out region by region until all Schengen States' consulates worldwide are connected. The United Kingdom and Ireland will not take part in this process. EURODAC If someone has illegally entered an EU country and is arrested by the migration authorities, a record of his/her fingerprints will be stored in the EURODAC database for two years. If he/she gets a residence permit, obtain citizenship of an EU country, or leave the EU country or the EU entirely, the data will be immediately erased50. The employees of the Asylum Service who have access to the EURODAC database have been authorized to use the Police On‐Line card in accordance with the National Security Policy51.

If No, are the officials responsible for determining the identity of these applicants authorised to liaise directly with the authorities who do have access to these databases? Yes If Yes, please specify how such interactions take place

Regarding the Reception and Identification Service, officials have access to the Police On‐Line system and EURODAC52. Consular officers have access to the VIS and through the Police in the SIS53.

47 See: http://asylo.gov.gr/wp‐content/uploads/2016/06/N.4375.pdf 48 According to data from the Hellenic Asylum Service. 49 According to data from the Hellenic Asylum Service. 50 See: http://ec.europa.eu/immigration/what‐should‐i‐avoid/how‐to‐enter‐the‐eu/crossing‐the‐eu‐borders_en#anchor1 51 According to data from the Hellenic Asylum Service. 52 According to data from the Reception and Identification Service. 53 According to data from the Hellenic Ministry of Foreign Affairs.

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SECTION 2: METHODS FOR ESTABLISHING IDENTITY The aim of this Section is to provide an overview of the types of documents and methods used to establish the identity of third‐country nationals within the context of various migration processes.

SECTION 2.1: DEFINITION AND DOCUMENTS REQUIRED FOR ESTABLISHING IDENTITY This Subsection looks into the documents required/accepted to establish the identity of third‐country nationals in various migration processes.

Q13.What legal and/or operational definitions (if any) of identity is/are used with regard to (a) applicants for international protection and (b) the return process and (c) applications for short stay and long stay visas and permits for the purposes of study, family reunification and remunerated activities?

There are no specific definitions, the establishment (of the identity) arises from the documents (e.g. supporting documents, criminal record) and based on claims of the applicant54. As far as the Greek asylum procedure is concerned, as the official national identity documents are considered identity documents, including the name, nationality, name of the father, mother, spouse and children of the applicant, as well as the biometric data and the fingerprints. By Law 4332/15 no. 1 Paragraph 8 "The identity of the adult applicant or of a minor third‐country national shall be evidenced by a certificate of birth or by birth certificate or equivalent document certifying the fact of the birth certificate issued by the competent authorities of his/her country of origin. If the third‐country national is a beneficiary of international protection as a political refugee, or has been granted status of subsidiary protection, or is stateless and is unable to provide a birth certificate, the record of his/her recognition as political refugee, the record of his/her subsidiary protection status or the relevant stateless person record, is sufficient. By decision of the Minister of Interior and Administrative Reconstruction, the necessary documents for the submission of the applications for the acquisition of the Greek nationality, under this Article, may be added, removed or modified”. Concerning the admittance of copies of foreign documents, the main rule of the national legislation on the incorporation of a foreign document into domestic law, in line with international practice, is reflected in Article 22 par 3 of Law 4251/204 (Code of Immigration, Social Inclusion and other provisions), according to which: "Public documents issued by foreign authorities required by the provisions of this decree, shall be verified by the annotation of the Hague Convention, where required. In cases where no annotation is required, such documents must be verified by the Greek consular authority or the Greek Ministry of Foreign Affairs”. (QE13a). Law 4375/2016, Article 955, on the Procedures for reception and identification Paragraph 1. "All third‐country nationals and stateless persons who enter without legal formalities in the country are subject to reception and identification procedures. Reception and identification procedures include: (b) establishment of the identification and citizenship, and Paragraph 2. Reception and identification procedures also include third‐country nationals or stateless persons who reside without legal formalities in Greece and do not prove their nationality and identity with documents of a public authority."

Q14. What types of documents and other information do the authorities in your (Member) State accept as (contributing to) establishing the identity for

the abovementioned immigration categories? For example:

Official travel documents: Passports, ID cards;

Other documents: birth certificates, driving licence, divorce certificates, marriage licences, qualification certificates, house books etc.;

Please indicate if your (Member) State takes informal (residence) documents into consideration in the identification process, such as UNHCR registration documents. Yes/No.

The documents required for the application for international protection procedure, are those mentioned above. See Q 6, Q8. The main type of official travel documents are passports and identity cards and travel documents that are accepted for the identification process. Other documents such as: birth certificates, driving licenses, divorce certificates and marriage licenses are taken into account but they are not considered identification documents of great importance56. For persons applying for a short‐stay visa at the external borders, a travel document (passport) is required to certify the identity of the applicant. Identity cards are found at second place, regarding European citizens and in countries where identity cards are applied, such as in our own country, such as the so‐called internal passports in any country applied (e.g. Russia) in order to determine the country of origin or the territory of residence etc., and other documents in order to determine the link with his or her country, bonds with other persons, such as marriage license, family status certificate, in cases a family member being European citizen, (in cases of ) family reunification, such as a house contract or to show a family bond or income57.

Table 4: Documents accepted as (contributing to) establishing the identity

Type of document (a) applicants for international protection (b) for the return process (c) third country applicants for visitors visa and permits for the purposes of study, family reunification and remunerated activities

Official travel documents: Passports, ID cards Yes If 'yes' please specify which document(s)

Yes If 'yes' please specify which document(s) Passports, Identity cards

Yes If 'yes' please specify which document(s) Passports, Identity cards

Other documents: birth certificates, driving licence, divorce certificates, marriage licences, qualification certificates, house books etc.

No If 'yes' please specify which document(s)

Yes/No If 'yes' please specify which document(s)

Yes If 'yes' please specify which document(s) Birth certificate (it is not provided by law but it is accepted in the case where the passport is missing, as proof of identity) (Law 4332/2015)

Informal (residence) documents, such as UNHCR registration documents

Yes If 'yes' please specify which document(s) The documents used for the registration to the UNHCR, are also taken into account to identify the applicant without being a certificate of identity.

Yes/No If 'yes' please specify which document(s)

No If 'yes' please specify which document(s)

54 According to data from the Hellenic Ministry of Foreign Affairs. 55 According to data from the Asylum Service. 56 According to data from the Asylum Service. 57 According to data from the Hellenic Ministry of Foreign Affairs.

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Q15a. To the extent possible, please indicate whether copies are accepted by the relevant authority(ies) and which type of documents are considered by the national authorities as core or supporting documents.

For the identification process when examining an application for international protection, the applicant is required to submit original documents certifying his/her identity (passport, identity, identity provided after the decision of a Greek court, birth certificate of the Greek registry if the international protection applicant was born in Greece). Photocopies of certificates and other documents submitted by the applicant shall be taken into account when examining the application, but shall not be considered as certificates of identity and/or nationality. The Asylum Service shall grant the applicant a reasonable period of time within which, an applicant who has submitted a copy of a documentary proof of his/her identity, can submit the original document58. The Asylum Service accepts all documents that the international protection applicant wishes to submit (and photocopies), whom the Service assesses and takes into account according to their degree of reliability (the documents submitted can be considered as true copies of the originals or forged, or owned by someone else) when examining the application. If applicable, all supporting documents may also be provided in copies, provided that the competent authority takes the original; however, regarding the criminal record or employer's certificate, the consulates keep the originals (e.g. a health card) in the so called "dangerous" countries, not only the original documents are needed, but also checks by attorneys are done etc., however it does not concern the establishment of the identity, but the family status, e.g. status: married, owing children, etc. If a person does not own documents, he/she will not receive a visa59. Copies of the documents of third‐country nationals are partly accepted by a specific number of Embassies. Expired travel documents (passports and identity cards) are considered as main documents. Visa applicants at the external border are required to have a passport. A copy of passport is not accepted60.

Q15b. Which are the major issues faced by your (Member) State concerning determining the authenticity (or genuineness) of documents?

There are countries with particularly high forgery rates, where applicants may provide unverified copies (of documents) whose fidelity is difficult to de determined, countries such as Pakistan and Egypt; in such cases the Authorities cooperate with attorneys, and assiduous checks and interviews are conducted. False documents regarding work and marital status are more found more often compared to false travel documents61.

Q15c. Have any of these issues changed compared to those described in your contribution to the 2013 EMN Study on 'Establishing identity'? Yes

If Yes, please indicate the reasons why this has been the case, e.g. the (Member) State has receiving high numbers of immigrants and asylum seekers in recent years and this has increased the workload of the authorities responsible for verifying documents.

The number of third‐country nationals arriving in Greece significantly decreased in 2016 compared to 2015. In recent years, large numbers of third‐country nationals have arrived in Greece. In addition to this, the requirements for a fast and efficient procedure of reception, identification, issue of legal status and return, in cases which persons could not be issued legal status, has significantly increased. Since the year 2013, when the above‐mentioned EMN Study was produced, significant developments have taken place in the process of the identification of third‐country nationals. There is now a provision of support to the work of the competent authorities by members of the European Asylum Support Office and the European Agency for the Management of Operational Cooperation at the External Borders of the Member‐States of the European Union (Frontex). In addition, the EU Civil Protection Mechanism was activated in order to address refugee flows more effectively. The hotspots started operating in order to swiftly validate the information of the incoming populations, to separate them into beneficiaries of international protection or immigrants, and in some cases to initiate procedures for the return of individuals who do not have a recognized legal status. Regarding the procedures for the registration of incoming populations by the Reception and Identification Service, during 2015, the process of producing documents and recording the incoming population was simplified, removing some of the questions during the registration process and upgrading the Police On‐Line System line in Samos. The increase in the number of irregularly entering third‐country nationals has caused increased needs for logistical equipment, infrastructures and human resources. With the existing resources and increasing flows, the effective guarding of the external borders and the procedures for the registering of the arrested third‐country nationals were proved impossible in practice62. Furthermore, in order for the establishment of the identity to be achieved, another procedure is followed as well, by the Hellenic Police officers supported by the officers of the European Border and Coast Guard Agency (Frontex), who make specific questions such as about the geographical characteristics of the declared country of origin of the third‐country national, in order to determine whether his or her declared nationality is true63.

Q16. In your Member‐State, are there any national guidelines for the control by the relevant authorities of identity of person and identity documents in

the various migration procedures? No If Yes, please give reference to the relevant guidelines if possible and the procedure under which framework they apply.

Regarding cases for which the Ministry of Foreign Affairs is responsible, in Greece there are no national guidelines concerning the check by the Competent Authorities of someone’s identity and his/her documents in the various migration procedures. Τhe procedures that are implemented are included in the general guidelines64. The guidelines for checking the authenticity of the travel documents at the external borders are laid down in Regulation no.2016/399 (Schengen Borders Code) and the Schengen Manual and are included in the process of the check of the authenticity of the travel documents by border authorities using technical means65. Moreover, concerning the procedures of the Reception and Identification Service, they are followed as provided for in Law 4375/2016 and described above. See Q9.

Q17. In which situations, and by which authorities, are forged documents most commonly detected in connection with applications for visa and residence

permit (e.g. in border control, by immigration authorities or other state agencies)?

According to the Hellenic Ministry of Foreign Affairs, false documents, concerning visas and residence permit66 applications, are often detected both at consulates and at the borders. False travel documents are detected both during the visa application check and the screening of persons crossing the borders, at the border crossing points, during the passport control67.

58 According to data from the Asylum Service. 59According to data from the Hellenic Ministry of Foreign Affairs. 60According to data from the Hellenic Police. 61According to data from the Hellenic Ministry of Foreign Affairs. 62According to data from the Hellenic Police. 63 According to data from the Reception and Identification Service. 64According to data from the Hellenic Ministry of Foreign Affairs. 65According to data from the Hellenic Police. 66According to data from the Hellenic Ministry of Foreign Affairs. 67According to data from the Hellenic Police.

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Q18. Are there any exemptions to the obligation to present an official travel document for third country applicants for visa and residence permit? No If Yes, for which groups and/or major nationalities are there exemptions, and are these exemptions stated in national legislation and/or guidelines?

If the visa applicant does not have a travel document, his/her application cannot be approved68. However, there is a procedure for issuing a residence permit, if there is no valid passport or travel document (see Q6)69.

SECTION 2.2: METHODS USED IN THE ABSENCE OF DOCUMENTARY EVIDENCE OF IDENTITY IN THE ASYLUM/RETURN PROCEDURE

This Subsection looks into the methods used in the absence of credible documentation to ascertain the credibility of the third‐country national's statements, and the relative weight that is given to the outcomes of the methods used across the (Member) States. The Subsection focuses on the asylum and return procedure, where the absence of credible documentation is a common challenge. Various methods are listed in the tables below. Where applicable, please succinctly identify any changes introduced with respect to the situation described in the 2013 EMN Study on 'Establishing identity'. For each method listed, please indicate whether any changes introduced since 2013 were made as a result of legislative reforms and/or due to considerations of reliability, efficiency and/or workloads.

Q19a. In your (Member) State, do national authorities make use (or plan to make use) of the methods identified below to establish the identity of third‐country nationals subject to asylum/return procedures?

Please indicate, per method used, who executes the method (i.e. all‐round decision makers, in‐house specialists or external parties). Please also indicate whether the method is obligatory (i.e. enshrined in law), whether it is part of standard practice (i.e. used in most cases but not enshrined in law) or whether it is optional (i.e. not enshrined in law and used in some cases only). In the following table: a) If it is part of the usual practice is a matter of the case worker. The case‐worker obligation is not but allowed when doubts arise when identifying citizenship. b) There is a legal provision but there are implementation difficulties c) Yes, in dual citizenship status‐an interview where there are doubts is provided. d) Not of principal importance, identity is not verified with these, unreliable data. The methods listed in the tables below are used for the identification of third‐country nationals70. Table 5: Methods used for establishing identity in the asylum/return procedure (I)

Method Applicants for international protection Return of rejected applicants for international protection

Language analysis to determine probable country and/or region of origin

If Yes: obligatory, part of standard practice or optional No


Age assessment to determine probable age

Yes: obligatory, part of standard practice or optional If Yes: briefly describe what for and under what conditions. In 2016, a Common Ministerial Decision was signed for the registration of minors, applicants for international protection, which will be applied in cases where doubts arise over the applicant's age assessment.

Yes: obligatory, part of standard practice or optional If Yes: briefly describe what for and under what conditions. No

Interviews to determine probable country and or region of origin (or other elements of identity, such as faith and ethnicity)71

Yes: obligatory, part of standard practice or optional No In the context of the procedure for the examination of an application for international protection, no specific interview is being conducted to determine the country of origin. However, where doubts arise as to the applicant's country of origin, the case handler concentrates his/her interest in questions, during the applicant's personal interview, on the assessment of his/her application to matters relating to the declared country of origin and performs a corresponding trustworthiness test with regard to the actual data available for the declared country of origin, in order to ascertain whether the applicant is indeed a national of the country concerned. Through this procedure it cannot be ascertained whether the applicant is or is not citizen of a specific country, but it is possible to come with some degree of certainty to a conclusion, with respect to the applicant's country of origin or possible statelessness or to conclude that the request needs to be examined concerning the possible return of the applicant to the country of his/her previous habitual residence.


Identity related paper and e‐transactions with the authorities (e.g. tax, social benefits)

Yes: obligatory, part of standard practice or optional No As stated above: The identity of the applicants arises from their passport, identity card or birth certificate if they were born in Greece. Other documents may be accepted according to the decision of the Director of the Asylum Service.


Identity related paper and e‐transactions with the private sector (e.g. bank)



Identity related e‐transactions in connection with social media



Smartphones and other digital devices: May your law enforcement/immigration authorities confiscate (temporarily or permanently) such devices and access their content in their efforts to establish or verify an identity?

Yes: obligatory, part of standard practice or optional No The Asylum Service cannot confiscate (temporarily or permanently) such devices.


Other Please describe, e.g. type of co‐operation with or contacts in third countries, such as diplomatic missions Please specify if the method is obligatory, part of standard practice or optional

Please describe, e.g. type of co‐operation with or contacts in third countries, such as diplomatic missions Please specify if the method is obligatory, part of standard practice or optional

68 According to data from the Hellenic Ministry of Foreign Affairs. 69 According to data from the Directorate of Migration Policy of the Hellenic Ministry for Migration Policy. 70 According to data from the Hellenic Police. 71 This would depend on the elements included in your national definition of “identity” used within the procedures covered by this Study. See Section 2.1.

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Table 6: Methods used for establishing identity in the asylum/return procedure (II) Method Applicants for international protection Return of rejected applicants for international protection

National database European database National database European database

Fingerprints for comparison with National and European databases

If Yes: obligatory, part of standard practice or optional Yes obligatory

If Yes: obligatory, part of standard practice or optional No Obligatory


If Yes: obligatory, part of standard practice or optional No Yes Obligatory (Border Control Directorate)

Photograph for comparison with National and European databases

If Yes: obligatory, part of standard practice or optional Yes obligatory


If Yes: obligatory, part of standard practice or optional No Part of the standard practice


Iris scans for comparison with National databases


NA


NA No

DNA analysis

If Yes: obligatory, part of standard practice or optional No If Yes, briefly describe what for and under what conditions. Only upon the applicant’s consent and in order to be used as a means of proving a family bond when examining an asylum application, and when there are serious doubts and following evaluation of all other types of evidence

NA

If Yes: obligatory, part of standard practice or optional No If Yes, briefly describe what for and under what conditions.

NA No

Other If Yes: obligatory, part of standard practice or optional No

No No

Table 7: Methods national authorities plan to use for establishing identity in the asylum/return procedure (I)

Method Applicants for international protection Return of rejected applicants for international protection

Language analysis to determine probable country and/or region of origin?

Yes: obligatory, part of standard practice or optional No

Yes: obligatory, through screening

Age assessment to determine probable age Yes: obligatory, part of standard practice or optional If Yes: briefly describe what for and under what conditions. No

Yes: obligatory

Interviews to determine probable country and or region of origin (or other elements of identity, such as faith and ethnicity)72


Yes: obligatory, through screening

Identity related paper and e‐transactions with the authorities (e.g. tax, social benefits)


No

Identity related paper and e‐transactions with the private sector (e.g. bank)


No

Identity related e‐transactions in connection with social media If Yes: obligatory, part of standard practice or optional No

No

Smartphones and other digital devices: May your law enforcement/immigration authorities confiscate (temporarily or permanently) such devises and access their content in their efforts to establish or verify an identity?


Yes: optional

Other



Table 8: Methods national authorities plan to use for establishing identity in the asylum/return procedure (II)

National database European database National database European database




The same practice described in Table 6 (above)

Photograph for comparison with National and European databases



Iris scans for comparison with National databases


NA

DNA analysis If Yes: obligatory, part of standard practice or optional No If Yes, briefly describe what for and under what conditions.

NA

Other (please describe, e.g. type of co‐operation with or contacts in third countries, such as diplomatic missions)

If Yes: obligatory, part of standard practice or optional No If Yes, briefly describe what for and under what conditions.

Q19b. Is the (biometric) identity information given by an asylum seeker matched against identity information available in VIS?

□ Yes, for all asylum seekers o Please specify since when these checks have been carried out: ____________________________________ o Do you produce statistics on the number of matching attempts and the results? Yes/No. o What proportion of matchings produce a positive 'hit' (approximately): __________________________________

□ Yes, for some asylum seekers (who?) __________________________________________ o Please specify since when these checks have been carried out: ____________________________________ o Do you produce statistics on the number of matching attempts and the results? Yes/No. o What proportion of matchings produce a positive 'hit' (approximately): __________________________________

□ No, for: O Technical reasons o Legal reasons. O Other reasons (please specify)

See Q12.

72 This would depend on the elements included in your national definition of “identity” used within the procedures covered by this Study. See Section 2.1.

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Q19c. Has your Member‐State introduced any changes in the method(s) used to establish the identity of applicants in the asylum/return procedure since 2013? No

If Yes, please outline briefly the rationale behind any changes, explaining e.g. why new methods have been introduced, whether there is a different hierarchy or order in the methods used. If possible, please mention also any new research conducted providing evidence of the reliability of the method(s) used.

See Q6.

Q19d. If there has been an increase in the number of applicants for international protection and irregular immigration in your (Member) State in recent

years, has this had any effect on the methods used (e.g. certain methods have been prioritised to deal with specific nationalities, the capacity to use certain methods has been under strain due to lack of sufficient staff resources, etc.)? Yes

The increase in the number of irregularly entering third‐country nationals has caused increased needs for logistical equipment, infrastructures and human resources. With the existing resources and increasing flows, the effective guarding of the external borders and the procedures for registering of arrested third‐country nationals were proved impossible in practice73. It should also be highlighted that the Reception and Identification Service gives priority to the reception, identification and hospitalization procedures for vulnerable groups such as single parent families, minors, etc.74.

If Yes, please specify

YEARS IRREGULAR MIGRANTS ARRESTED

2014 4.531

2015 911.471

2016 204.820

4 MONTHS 2017 14.222

Source: Hellenic Police, 2017.

Q20. Has your (Member) State issued any guidelines and/or best practices on the use of different methods? No


SECTION 2.3: METHODS USED TO VERIFY THE IDENTITY OF THIRD‐COUNTRY NATIONALS IN OTHER MIGRATION PROCEDURES This Subsection focuses on the methods used to verify third‐country national's identity within the framework of procedures concerning applications for short‐stay visas and residence permits for family and study‐related reasons or for the purposes of remunerated activities. With the partial exception of family reunification, where documentary evidence is sometimes missing, within the framework of these procedures applicants are generally required to provide documentary proof of their identity. The challenge thus lies in verifying that the third‐country national concerned is who they claim to be. Various methods are listed in the tables below. Where applicable, please indicate if the method is obligatory (i.e. enshrined in law), is it part of standard practice (i.e. used in most cases but not enshrined in law) or is it optional (i.e. not enshrined in law and used in some cases only). The rationale for selecting some methods as obligatory or optional may relate to national legislation, outlined in Section 1.2, which your (Member) State may refer to in their replies.

Q21. Does an applicant for an authorization to stay or residence permit have to present an official travel document? Yes Are there exceptions to this rule? Yes/No. If Yes, please specify:

According to the legislation, and particularly Article 6 par.1 of Law 4251/201475, which provides inter alia: "The right of residence of third‐country nationals legally entering Greece for one of the reasons under this Code”, is subject to the following preconditions: (a) Hold a valid travel document recognized by Greece the validity of which shall extend for at? least three months after the last scheduled date of departure, shall contain at least two blank pages and be issued within the preceding decade. In particular, in cases when a third‐country national is unable to produce a valid passport or other travel document, he/she may be issued the right of residence, recognized as a devoid of passport, as the third‐country national concerned, specifically and objectively invokes an objective weakness due to particular circumstances or situations76, under the opinion of the Commission referred to Paragraph 2 in Article 134. (b) Hold a valid national visa for one of the reasons under this law, subject to more specific provisions of this Code. (c) Not be considered as a public policy, internal security or international relations threat and not to be registered as unwanted in national databases. (d) Do not constitute a risk to public health. (e) Have full health insurance for all the risks covered for nationals. Under subjection to specific rules on insurance law, third‐country nationals who reside in the country for work and the members of their families, if they are dependent, they are necessarily insured by the insurance institution they are subject to, depending on their occupation, respectively with the nationals. Third‐country nationals residing in the country for other reasons may be insured by private insurers." In addition, the Joint Ministerial Decision no.30825/June 4, 201677 "Establishing the required documents for the issuance of national visas, for the issuance and renewal of a residence permit in accordance with the provisions of Law 4251/2014" in Article 1, that provides inter alia that "A third‐country national in order to be issued a D‐type Visa‐type, should hold: A valid copy of a valid passport or travel document recognized by our country with the applicable entry visa, where applicable, with the exception of third‐country nationals who are objectively deprived of passport, who, instead of the passport or travel document, will make a declaratory statement, stating the particular circumstances or situations for the temporary or permanent objective inability of possession and the relevant documents proving it (e.g. a letter from the consulate of the country of origin of the third‐country national officially verified and translated, document of a Greek public authority). In any case, a document from a Greek or from the country of origin of the third country national public authority will be obtained, from which the identity of the person concerned will be provided (passport, regardless of the expiry date, identity card, birth certificate, marital status certificate, birth certificate)”.

73According to data from the Hellenic Police. 74 According to data from the Reception and Identification Service. 75 According to data from the Directorate of Migration Policy for the Hellenic Ministry for Migration Policy. 76 In the Joint Ministerial Decision 30825/June 4, 2014 the procedure for filing an application for the granting or renewal of residence permits by third‐country nationals without a passport is described. Those citizens, instead of a passport or travel document, must provide a responsible statement, in which the particular circumstances or situations for the existing temporary or permanent objective impossibility of possession and the relevant documents proving it will be stated (e.g. officially authenticated and translated document from the consular authority of the country of origin of the third‐country national, document from a public Hellenic authority). In any case, a document of a public authority, Hellenic or of the country of origin of the third country national, from which the data regarding the identity of the person concerned will be presented (passport, regardless of expiry date, identity card, birth certificate, marital status certificate, birth certificate). The services of the Decentralized Administration must receive the above request provided that it is accompanied by the supporting documents, except from a valid passport, and grant a certificate of submission of type A documents to the person concerned. They should then forward the application to the Department for Migration Policy of the Ministry of Interior and Administrative Reconstruction [note: now Ministry for Migration Policy] in order to be examined by the Special Committee under Article 134 par. 2 of Law 4251/1414, as in force, which gives an opinion on the existence of a temporary or permanent objective failure to present a valid passport. In order for the Commission to form an opinion, interested parties are asked to provide a certificate from the competent Diplomatic or Consular Authority of their country of origin from which is shown that on the one hand, they are nationals of that country and on the other whether the country is going to issue them with a passport. [Clarifications regarding third‐country nationals, objectively deprived of passports (12013/2016)]. 77 According to data from the Directorate for Migration Policy of the Hellenic Ministry for Migration Policy.

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Q22. Do national authorities make use (or plan to make use) of the methods identified below to establish the identity of third‐country nationals within the framework of procedures concerning applications for short‐stay visas and residence permits for family and study‐related reasons or for the purposes of remunerated activities? Yes

Please specify by filling in the table below: Table 9: Methods used for establishing identity

Short stay visas

Method Method Method

Fingerprints for comparison with National and European databases If Yes: obligatory, part of standard practice or optional If Yes: obligatory, part of standard practice or optional

Photograph for comparison with National and European databases If Yes: obligatory, part of standard practice or optional If Yes: obligatory, part of standard practice or optional

Others (please specify)

Residence permit for study reasons

Method National database European database


If Yes: obligatory, part of standard practice or optional No Yes, but case by case by the Hellenic Police. Biometric data is collected for new permits, in general. Since February 20, 2017, fingerprints are required, which are kept in the database of the Ministry for Migration Policy (not in a central national database)


Photograph for comparison with National and European databases If Yes: obligatory, part of standard practice or optional No The same, as above.



Residence permits for the purposes of remunerated activities



If Yes: obligatory, part of standard practice or optional No Since February 20, 2017, fingerprints are required, which are kept in the database of the Ministry for Migration Policy (not in a central national database)


Photograph for comparison with National and European databases If Yes: obligatory, part of standard practice or optional No The same as above



Residence permit for family reasons



If Yes: obligatory, part of standard practice or optional No Since February 20, 2017, fingerprints are required, which are kept in the database of the Ministry for Migration Policy (not in a central national database)


Photograph for comparison with National and European databases If Yes: obligatory, part of standard practice or optional No The same as above


DNA analysis If Yes: obligatory, part of standard practice or optional No Optional



Table 10: Methods national authorities plan to use for establishing identity

Short stay visas


Fingerprints for comparison with National and European databases If Yes: obligatory, part of standard practice or optional No


Photograph for comparison with National and European databases If Yes: obligatory, part of standard practice or optional No



Residence permit for study reasons







Residence permits for the purposes of remunerated activities







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SECTION 3: DECISION‐MAKING PROCESS This Section looks into how the different methods outlined above are combined to establish the identity of third‐ country nationals, and their outcomes used to make a decision within the context of various migration procedures

SECTION 3.1 STATUS AND WEIGHT OF DIFFERENT METHODS AND DOCUMENTS TO DETERMINE IDENTITY

Q23. On the basis of the information gathered by the methods outlined in Section 2, how is a decision on the establishment of identity made?

‐ Are some methods given more weight than others? Yes/No If Yes, please indicate which methods and why they are considered more reliable, and whether this is laid down in legislation, policy or practice guidelines78.

Taking into account the nationality stated (through screening, documents), third country nationals are referred to the competent consulate where an identification interview with the Consul is taking place, where they eventually decide on their recognition. For some nationalities, the establishment of the identity of the third‐country nationals is conducted through applications to their respective Embassies, under readmission agreements. Third countries which have signed readmission agreements with the European Union are the following79: Afghanistan, Albania, Azerbaijan, Cape Verde, Former Yugoslav Republic of Macedonia, Georgia, Hong Kong, Macao, Moldova, Serbia, Monte‐Negro, Pakistan, Sri Lanka, Turkey, Ukraine, Russia.

‐ Does there need to be consistency between the results obtained from the various methods used? Yes/No If Yes, please specify:

The relevance of the results of the different methods used to establish identity, depends on the different cases80.

Q24. Is a 'grading' structure or spectrum used to denote the degree of identity determination (e.g. from "undocumented," over "sufficiently

substantiated" or "has the benefit of doubt" to "fully documented and verified")? No If Yes, please briefly describe it and clarify whether any distinction applies between international protection, return and other migration‐related procedures in this respect.

Migration flows towards Greece are “mixed”, since the refugees and the economic migrants use the same transit routes and entry points to get into the country. Both often lack legal documents (i.e. entry visa) or identity documents (i.e. identity card, passport, etc.), thus turning to networks of facilitators so as to avoid border controls, rendering the recognition and verification of their country of origin and their need for international protection extremely difficult. The first registration takes place, in case of arrest, in the initial reception and detention centres. With regard to the process of identifying international protection applicants who do not have identity documents, the case workers are entrusted with the task of checking the credibility of the applicants' statements in order to come up with a sufficiently valid result in terms of outcome of their application. Communication with diplomatic representations to verify personal data is only allowed if the persons concerned are not asylum seekers or beneficiaries of international protection81. No visa is issued in cases where, despite the procedures followed, there are still doubts about the establishment of the identification82.

Q25. Are there any future measures being considered with regard to setting up or further elaborating a 'grading' structure? No

If Yes, please briefly describe it and clarify whether any distinction applies between international protection, return and other migration‐related procedures in this respect.

Not yet83.

SECTION 3.2 DECISIONS TAKEN BY THE COMPETENT AUTHORITIES ON THE BASIS OF THE OUTCOMES OF THE IDENTITY MANAGEMENT PROCEDURES

Application for international protection

Q26a. Does the outcome of the procedure to establish the identity of the applicant for international protection influence a recommendation to 'grant international protection,' 'refuse international protection' or 'defer decision'?

Please describe any changes introduced with respect to what was described in your national contribution to the 2013 EMN study on 'Establishing identity'.

The result of the procedure to establish the identity of the applicant for international protection does not influence a recommendation to “grant international protection”, “refuse international protection” or “postpone decision”84.

78 Member States may differ significantly in how they deal with applicants for international protection whose statements regarding their identity are not supported by valid documentary evidence, not only in the methods they can or should use, but also in the weight they give to the outcomes of some methods. The aim, therefore, is to highlight these differences, should they exist. 79 According to data from the Hellenic Police. 80 According to data from the Hellenic Ministry of Foreign Affairs. 81 See: http://asylo.gov.gr/wp‐content/uploads/2016/11/final_QA_GR_06_2016fv1.pdf 82 According to data from the Hellenic Ministry of Foreign Affairs. 83 According to data from the Hellenic Police. 84 According to data from the Asylum Service.

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Q26b. If there has been an increase in the number of asylum applicants/irregular migrants in your (Member) State in recent years, what has been the impact of such increase in the decision‐making process? For example:

- Has the decision‐making process become more difficult for national authorities? No

- Have the authorities stopped using certain methods for identity determination? No

- Has the quality of the methods used decreased? No If the answer to any of the above is Yes, please elaborate (with reference to any reports/studies if available)

The Circular no. 20406/May 22, 2017 of the Department for Migration Policy of the Directorate‐General for Citizenship and Migration Policy, entitled "Modification of the identity of third‐country nationals", states: According to the provisions of Article 19A, par. 1f of Law 4251/2014, as in force, the Department for Migration Policy of our Ministry is responsible for receiving applications of third‐country nationals, whose case is referred by the competent authorities under the Decision of Article 2, paragraph 12 of Presidential Decree 133/2013 (GG Α’ 146) and the Appeals Committees under Articles 26 and 32 of t Presidential Decree 114/2010 (GG A’ 195) as in force, following the probability of the possibility of their assistance on the legal conditions for the granting of a residence permit for humanitarian reasons. It has been observed that, either when applying for residence permit for humanitarian reasons, on the basis of the above provisions, or at a later stage, the persons concerned may provide a passport, from which differences regarding their personal data emerge, on which the decision was taken by a Competent authority and the relevant reference note was provided. It is noted that in these cases the application of the persons concerned for international protection has been rejected and then their possible eligibility to get subject to other provisions of the migration law (Code of Immigration and Social Inclusion) is considered. In view of the above, instructions on the management of these cases are provided below: (a) When any change of data has been reported to the competent Authority taking the Decision, and mentioned on that decision, or a certificate by the same Authority is provided that the particular change in data was declared to it and does not affect the outcome of its final judgment, the Directorate for Migration Policy must receive the relevant application, taking into account the new identification data of the third‐country national. (b) When the change in data concerns minor changes on personal data due to the different writing or transcription of the name or surname from their mother tongue into Latin script, or in the case of addition or deletion of a second or middle name, and taking into account that the registration of such data has been made in a statement, it is sufficient for the authority competent for the decision to produce a certificate of the identity, accompanied by the new passport in force. (c) On the other hand, if there are significant changes that alter the identity of the persons concerned, such as a complete change of name or surname or date of birth, as well as in cases, from which a declaration of false nationality emerges, the relevant applications of the nationals concerned are not accepted or if they have been received, they are rejected or revoked, as the conditions for obtaining a residence permit under Law 4251/2014 as in force, are not meet on their behalf. The movement of migratory flows from the area of Evros to the eastern sea border of our country (particularly since July 2015), resulted in the difficult management of the mixed migratory flows in the North Aegean, with the operation of Pre‐departure Centers for the third country nationals in Samos, Lesvos and Chios, while the lack of adequate reception and detention structures in the Aegean area resulted in difficulties in the management of the newcomer third country nationals. Additionally, the time of issuing of status prolonged due to many registered applicants for international protection. Since then, although the Law 4375/2016 (Government Gazette A’ ‐ 51‐April 3, 2016) was issued, entitled: "Organization and operation of the Asylum Service, Appeals Authority, Reception and Identification Service and other provisions", with which significant changes regarding the management of the mixed migratory flows are taking place, especially in the Eastern Aegean islands, with the establishment of the Reception and Identification Centers in Lesvos, Chios, Samos, Kos and Leros; the establishment of the Pre‐Detention Centers (PRO.KE.KA. in Greek) for third‐country nationals (except the one in Lesvos) was not planned; a fact that triggered security issues, making the matter of irregular migration a major issue of national interest. Due to the continuation of the migratory pressure and the management issues that emerge on a daily basis, the major of which being the issue of the detention of irregular migrants with economic profiles, who although have been imposed with a restrictive condition on non‐departure from the island that they are residing, until their re‐admission to Turkey (asylum requests, appeal procedures) has been implemented, some of them considered as trouble‐makers (e.g. robberies, threats ‐ verbal abuse, causing of physical injuries etc.), and also due to the necessity for the detention of foreigners whose application for international protection has been rejected by the Asylum Service (1st degree) or their application has been rejected by the Appeals Committee (2nd degree), the Pre‐Departure Center established and it is already operating on the island of Kos. Under Common Ministerial Decision no. 8038/23/22‐65, from January 28th, 2017, the European funding for the construction and operation of the Center ensured, which will have a capacity of 500 individuals. At the same time, the procedures for issuing of a Common Ministerial Decision for the establishment of the Pre‐Departure Center on the island of Samos have been launched, and the establishment of centers in Chios and Leros is also under consideration85.

Return

Q27a. Does the outcome of identity establishment influence a recommendation to 'defer return'? Please describe any changes introduced with respect to what was described in your national contribution to the 2013 EMN Study on 'Establishing identity'.

Q27b. Are the results of the work to establish identity during the international protection process available to the authorities preparing forced return?

Yes/No Please describe the supplementary steps (if any) that may be needed with respect to identity establishment for the authorities in the receiving country to be prepared to accept the return.

The results of the project are not immediately available to the authorities preparing the forced return. Τhe pilot e‐application "Mapping the Movement of Third Country Nationals" is currently applied, through Police On‐Line. In this context, the expulsion ‐ return decisions are recorded online by the relevant Directorates of the Hellenic Police. The full implementation of the application will result in a significant reduction of the administrative work‐load of the Directorates and of the time required for the adoption of the administrative records, in the context of the implementation of the legislation on the illegal entry and residence of third‐country nationals. The full implementation of the application will begin on June 10, 2017. From this time onwards, as no further legal regulation is required, a full compliance with the recommendation on the issuance of return decisions and entry bans by the Services of the Hellenic Police during exit checks at the external borders, will be implemented; while, the other Services of the Hellenic Police and the Asylum Service will be automatically informed for the correlation of the third country national’s case file, during the registration of the decision into the application "Mapping the Movement of Third Country Nationals"86.

85 According to data from the Hellenic Police. 86 According to data from the Hellenic Police.

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Procedure for third country applicants for visa and residence permits

Q28a.Does the outcome of identity establishment influence a recommendation to "grant residence permit" "refuse residence permit," "defer decision"?

See answer in Q6.

Q28b. How important is the establishment of identity compared to other factors considered in making an overall decision? For example, if identity

cannot be established, does this de facto lead to a negative decision? Are other factors such as family ties, health problems or/and other humanitarian reasons, given more weight than identity determination in some cases? Yes


Regarding the applicants for international protection, the precise determination of their country of origin is essential for the outcome of the decision concerning their application. However, there are cases of applicants for international protection who are stateless or others who have dual citizenship, as well as applicants who consider as their country of origin, the country where their ancestors had relocated, where they were born, educated and either have the right to vote or would be entitled, under the law of the country, with the right to vote provided that they have applied for naturalization, and applicants who abusively declare as the country of origin, a country with a high recognition rate of applicants for international protection. The proper identification of an applicant for international protection, and who cannot present documents concerning his/her nationality, is not always feasible. However, it is feasible after an overall assessment of the international protection application, by an international protection case operator, that a sufficiently documented result could emerged that has led to a valid decision. Thus, in case that an applicant, during the examination of his/her international protection application, comes up with the result that he/she has the nationality of a specific country, even without being able to confirm this with documents, he/she is granted international protection87. In cases of VIS permits where identity cannot be established for the issue of visa, the answer is negative88. However, when someone goes into the legal migration procedures and apply for a residence permit from the Ministry for migration Policy, he/she usually has the documents provided. Furthermore, the following cases are met: a) someone who was born in Greece but has not followed the procedure of obtaining a residence permit, b) children who attended schools in Greece but their parents had not declared their birth to the authorities of their country of origin and therefore could not obtain a passport or ID document from their country89.

87 According to data from the Asylum Service. 88 According to data from the Hellenic Ministry of Foreign Affairs. 89 However, recently it is observed that ‐ particularly in the case of third‐country nationals who have a long‐term residence in Greece ‐ the consular authorities concerned have refused to issue any certificate, which creates obstacles to the procedure for certifying the objective impossibility of presenting a passport. In order to facilitate those concerned, and if they appear to meet the integration criteria (e.g. birth and/or studies in Greece, lack of knowledge of the country of origin, absence of visits to the country of origin), it is considered that the relevant departments of the Decentralized Administrations would have to receive the applications for granting or renewal of a residence permit, even if they are not accompanied by a consular document of the country of origin, and to refer them to the Committee of Article 134 par. 2 of Law 4251/2014, which is the only competent to judge whether or not the claims of the applicants are well founded. [Clarifications regarding third‐country nationals, objectively deprived of passports (12013/2016)].

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SECTION 4: DATABASES AND DATA PROCEDURES This Section explores which personal data is collected within the framework of migration procedures and which data sharing arrangements are in place.

SECTION 4.1 LEGAL FRAMEWORK

Q29a. Do(es) the identity determination/verification authority(ies) in your (Member) State have Memoranda of Understanding (MoUs) and/or other agreements for the sharing of personal data in place with?

• Other agencies/departments No

• Carriers No

• Authorities in one or more other countries No

• International organisations No

• Private entities No

• Others No If Yes, please specify the other agency, carrier, countries or organisation/entity, if possible:

Personal data can be exchanged between Europol and the National Authorities of the Member‐States90.

Q29b. Please identify any agreements below and if possible share them through attachments. If it is not possible to share the documents, please

provide a brief overview of the information they contain

SECTION 4.2 DATA PROCEDURES AND DATABASES

Q30. Which personal data of individuals is collected in national databases91 within the framework of the various migration procedures, i.e. biographic

(e.g. name, nationality, birthplace, ID‐documents) and biometric (e.g. fingerprints, photographs, DNA). Please describe which data is collected for each of the relevant migration procedures and give the name of the relevant databases.

The data collected are the following:

• Personal data (surname, forename, mother’s name, father's name, date of birth, nationality);

• Any personal documents (passports, IDs, birth certificates);

• Personal data (fingerprints, photos);

• Data of Arrest (date of arrest, competent service for the arrest, place of arrest, place of illegal entry, case of illegal entry, etc.);

• Application for international protection, phase of the application (e.g. 1st degree examination or 2nd degree examination after appeal to the 1st (examination) or rejection of the asylum application);

• Various decisions issued by the country's police departments against him/her (deportation, return, postponement of the expulsion, of detention, of deportation with detention and insertion to the National List of Undesirable Aliens, certification of non‐removal, of deportation, of deportation and readmission with detention and insertion to the National List of Undesirable Aliens, recall of return etc.);

• Deportation details (if executed, reason for deportation, mean of deportation, competent service for the deportation) When applying for a visa at the external borders, except from demographic data, fingerprints and face photograph of the person registered in the VIS system are also collected. Additionally, the name, nationality, travel document number, date and point of entry and exit are submitted to the national application of Arrivals‐Departures, when someone enters the borders92.

SECTION 4.3 USE OF DATABASES IN THE SCREENING PROCESS

Q31. Which identity‐related databases are managed by the different national authorities involved in migration processes? (e.g. the national

population register is managed by the police; the national entry/exit system is managed by the border guard authority; the EURODAC National Access Point is managed by the asylum authority).

The Asylum Service and the Reception and Identification Service use the EURODAC database. The Hellenic Police at the border crossing points uses the following identity databases: SIS, VIS, Interpol (SLTD), EIS, National List of Undesirable Aliens (E.K.AN.A. in Greek), and the application for the Arrivals‐Departures93. The Hellenic Ministry of Foreign Affairs uses the VIS database.

Q32a. Which regional, national and international databases, watch lists or reference tools are used for identification purposes, when a third‐country

national applies for international protection, a visa or residence permit? Please indicate which databases are used for specific procedures through the table below

See Q31.

90 According to data from the Hellenic Police. 91 EMN NCPs do not need to provide information on the data collected under the framework of EU large‐scale information management systems (EURODAC, VIS AND SIS II) as data collection requirements in this area are standardised at the European level and will be detailed directly by the EMN Service Provider in the Synthesis Report. 92 According to data from the Hellenic Police. 93 According to data from the Hellenic Police.

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Table 11: Databases, watch list and reference tools used for identity determination in migration‐related procedures VIS SIS EURODAC National databases and watch lists

International protection

Return

Short stay visas X X X SIS, VIS, Interpol (SLTD), EIS, National List of Undesirable Aliens (E.K.AN.A. in Greek)

Long stay visas and residence permit for study reasons X X They may be required (at least) by the police when public order and security need be ensured.

Long stay visas and residence permits for family reasons X X They may be required (at least) by the police when public order and security need be ensured.

Long stay visas and residence permits for the purposes of remunerated activities

X X They may be required (at least) by the police when public order and security need be ensured.

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Q32b. Are there any data elements that the authorities would consider useful, but are not yet collected or stored? Yes If Yes, please specify

Regarding Schengen visas, data that is missing and needs to be added, is the name of the father and the name of the mother of the applicants94.

SECTION 4.4. RECENT AND PLANNED DEVELOPMENTS

Q33a. Please outline recent major changes in relation to the processing of personal data within the framework of migration‐related procedures and

databases (national/regional levels), including the following, if applicable:

• Inclusion of new identity elements on individuals in existing systems (i.e. biographic or biometric data)

• New databases, centralisation of databases or inter‐connectivity systems.

According to Circular 7642/17 of February 15, 2017, Greece applies Regulation EC 1030/2002, as amended by Regulation 380/2008, laying down a duty for the country, which is common for all Member‐States of the European Union, to add to the uniform format for residence permit, issued to third‐country nationals legally residing in the Member‐States, when issuing visas at border crossing points and when granting short‐term residence permits, their biometric data (Fingerprints and face photo)95.

Q33b. Please outline recent/planned pilots in the field of identity management architecture and data sharing.

The EU Travel Information and Authorisation System (ETIAS system96) is planned to be applied in the EU Member‐States in early 2020, according to the E.U. Commission, and concerns visa‐exempt third‐country nationals. These persons will not require a prior authorization to enter an EU Member‐State, or ETIAS, and once they receive this they can travel throughout Europe for up to 90 days. This system will include Greece, so once someone is in Europe there will be no need to obtain further permissions before he/she crosses a border, except to be ready to present his/her passport. The ETIAS authorisation lasts 5 years before the person needs to apply again, thus facilitating persons that make multiple trips to Europe.

94 According to data from the Hellenic Ministry of Foreign Affairs. 95 According to data from the Migration Policy Department of the Hellenic Ministry for Migration Policy. 96 Βλ. https://etias.com/etias‐countries/greece‐etias

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SECTION 5: DEBATE AND EVALUATION

Q34. Are the (actual or planned) measured described above currently being debated in your Member‐State? Yes/No If Yes, please describe the key issues under discussion and the actors involved in the debate. Sources of national debate to include may be national media reports, parliamentary debates, and statements of Non‐Governmental Organisations/Civil Society Organisations or International Organisations.

Q35. Have (national) data protection authorities or similar entities and/or legal experts assessed any of the measures described above? Yes/No

If Yes, please specify the relevant authorities/experts, describe what conclusions have they drawn and indicate whether (and if so, how) such conclusions have been taken into account when devising new measures or reviewing existing ones.

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SECTION 6: CONCLUSIONS DRAWN FROM THE NATIONAL CONTRIBUTION This Section will outline the main findings of the Study and present conclusions relevant for policy‐makers at national and EU level.

Q36. With regard to the aims of this Focussed Study, what conclusions would you draw from the findings reached in elaborating your National Contribution? What is the relevance of your findings to (national and/or EU level) policy‐makers? Please make any distinction between international protection, the forced return process and other (legal) migration channels.

The Reception and Identification Service in Greece, which operates since 2011 under Law 3907/2011, is the competent authority for recording and identifying incoming third‐country nationals. Through the Reception and Identification Centers (RIC, K.Y.T. in Greek), as well as the mobile units, the Service verifies the identity and citizenship of incoming third‐country nationals and records and registers their fingerprints in the EURODAC database. The later procedure includes determining the age of the person, conducting medical check‐ups, providing medical healthcare, offering psychosocial and legal support services, and the provision of information regarding their rights and obligations. In case a third‐country national wishes to apply for international protection status, he/she will be referred to the Asylum Service. If he/she belongs to a vulnerable group, the necessary procedures are implemented in order to be referred to a competent welfare structure. In the event that a third‐country national cannot be granted legal resident status in the country, he/she is referred to return procedures by the competent bodies (International Organization for Migration/Hellenic Police). As evidenced in the Focussed Study, it is difficult to establish the identity of incoming third‐country nationals in Greece for several reasons. According to the data collected from a representative of the competent services, a significant number of third‐country nationals applying for international protection status do not possess identity documents. This could be on account of the general conditions that prevailed in the country of their origin at the time of their fleeing, personal circumstances that forced them to flee from their country of origin, or on account of a series of other reasons. Also, there have been cases of possession of false documents. As a result, the inability to verify the nationality of the applicant for international protection creates a serious difficulty in assessing his/her application and in issuing a decision on the granting of legal status. Applications for international protection with declared countries of origin from: Afghanistan, Eritrea, Russia, South Sudan and Sudan, more often than others, may raise doubts concerning the credibility of the declared nationality, making their assessment from the Asylum Service more difficult. Furthermore, as mentioned in this Study, it is also difficult to establish the identity of foreign nationals from: Afghanistan, Bangladesh, Congo, Democratic Republic of the Congo, Eritrea, Myanmar, Nigeria, Pakistan, Sierra Leone, Somalia and Sri Lanka. The procedures used to establish the identity, in the context of the international protection procedure, are defined in Articles 9, 13, 36, 42 and 43 of Law 4375/2016, which adapted the Greek Legislation to the provisions of Directive 2013/32/EC of the European Parliament and of the Council “on common procedures for granting and withdrawing international protection status (recast)” (L 180/June 29, 2013). b) In the cases of applications for entry visas and residence permits, regardless of category, only minimal identification problems are found as applicants must have a valid passport to initiate this procedure. Law 4251/2014 provides for the preconditions for the right of residence and the procedures for the National Visas. c) Regarding the return procedures, the pilot e‐application “Mapping the Movement of Third‐Country Nationals” is currently applied via Police On‐Line. In this context, the expulsion‐return decisions are recorded online by the relevant Services of the Hellenic Police. The full implementation of the application will significantly reduce the administrative workload of the Services and time it takes to issue administrative documents related to the implementation of the legislation on the illegal entry and irregular stay of third‐country nationals. From this time onwards, since no further legislative regulation is required, there will be full compliance with the recommendation regarding the issuance of return decisions and entry bans by the Services of the Hellenic Police during checks at the external borders and during the registration of the decision in the application “Mapping the Movement of Third Country Nationals”. The other Services of the Hellenic Police and the Asylum Service will be automatically informed about the third‐country national’s case file. The data collected during the identification procedure, are: personal data (surname, forename, mother’s name, father's name, date of birth, nationality, finger prints and photos), any personal documents (passports, IDs, birth certificates), data related to their arrest (date of the arrest, competent service for the arrest, place of the arrest, place of the illegal entry, means of illegal entry, etc.), the application for international protection and the phase of the application (e.g. 1st degree examination or 2nd degree examination following appeal to the 1st examination or rejection of the asylum application), various decisions issued by the country's police directorates against him/her (deportation, return, deferral of the expulsion, deportation‐detention‐recording to the National List of Undesirable Aliens, certificate of non‐refoulement, deportation recall, expulsion‐readmission with detention and recording in the National List of Undesirable Aliens, recall of return etc.), and if relevant any deportation implementation details (reason of deportation, means of deportation, citizenship at the deportation, competent service for implementing the deportation). When applying for a visa at the external borders, except from demographic data, fingerprints and face photograph of the individual, which are registered in the VIS system, are also collected. Additionally, name, nationality, travel document number, date and point of entry and exit are registered into the national application of Arrivals‐Departures when someone enters the borders. The Asylum Service and the Reception and Identification Service manage the EURODAC database. The Hellenic Police manages, at the border crossing points, the following identity databases: SIS, VIS, Interpol (SLTD), EIS, National List of Undesirable Aliens (E.K.AN.A. in Greek) and the application for the Arrivals‐Departures. The Hellenic Ministry of Foreign Affairs manages the VIS database. Regarding the procedures applied for the identification, the provision of support to the work of the competent authorities by members of the European Asylum Support Office (EASO) and the European Agency for the Management of Operational Cooperation at the External Borders of the Member‐States of the European Union (Frontex), is of great importance. In addition, the EU Civil Protection Mechanism was activated in order to address refugee flows more effectively. The hotspots started operating in order to swiftly validate the information of the incoming populations, to separate them into beneficiaries of international protection or immigrants, and in some cases to initiate procedures for the return of individuals who do not have a recognized legal status. Regarding the procedures for the registration of incoming populations by the Reception and Identification Service, during 2015, the Police On‐Line System was upgraded and the registration process was streamlined through the removal of unnecessary questions. In summary, the competent authorities involved in the recognition and identification of third‐country nationals in Greece effectively overcame the challenges presented by inadequate staffing and resources, as well as the lack of proper documentation of third‐country migrants, and managed the numerous migratory flows that crossed the Greek borders. This was managed by improving the coordination of relevant bodies, employing interpreters, training staff, and improving the methods and tools use in the process (e.g. use of Police On‐Line). The number of irregular migrants entering and residing irregularly in the Greek territory has been managed to a considerable extent due to the country's own actions and due to the support of EU institutions and other Member‐States. However, the provision of support to the work on border surveillance of the country, reception and identification of the incoming populations, not only by the competent services (Frontex, Europol, Eurojust and EASO) but also by the Member‐States, should be continued for the proper operation of the Schengen area.

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ANNEX 1 With reference to Q8, please fill the following table by indicating with an "X" the national authorities/institutions primarily involved in identity establishment procedures for each of the procedures considered Table 12: National authorities/institutions involved in identity establishment in various migration procedures

International protection Return Short stay visas Long stay visas/permits for family reasons

Long stay visas/permits for study reasons

Long stay visas/permits for the purposes of remunerated activities

Consulates/Embassies Yes x X X x

Immigration authorities x X X

Asylum authorities x

Police Yes x x X

Border guard

Security services

Identification centre

Other (please add rows to specify)

ANNEX 2 With reference to Q9, please provide a brief explanation of how the identity establishment procedure is organised. For each of the procedures considered, please fill the table below with general information on the different identification steps, including:

• Parts of the process which have been automated;97

• Biometric technologies used, if any;

• Identification/identity verification tasks carried out by decision maker or specialised officer;

• Centralised or decentralised identification function(s). Table 13: Procedural steps taken to establish identity of third‐country nationals in various migration procedures

Migration procedure Steps in the procedure to establish identity

International protection

Forced return

Short stay visas The check of the authenticity of the travel documents is conducted by searching on e‐databases (SIS, Interpol, National, Europol, iFADO) and through the use of technical means (document reader, ultraviolet lamps, magnifying lenses, devices detecting false documents). In case a visa is issued, taking of fingerprints and consultation of the VIS basis is conducted.

Long stay visas/permits for family reasons See, Articles: 6, 7, 8 "General conditions for issuing residence permits" Law 4251/2014.

Long stay visas/permits for study reasons See, Articles: 6, 7, 8 "General conditions for issuing residence permits" Law 4251/2014.

Long stay visas/permits for the purposes of remunerated activities

See, Articles: 6, 7, 8 "General conditions for issuing residence permits" Law 4251/2014.

97 Automation is defined as 'The use or introduction of automatic equipment in a manufacturing or other process or facility' (see Oxford Dictionary https://en.oxforddictionaries.com/definition/automation (last accessed on 24th March 2017). For example, the use of a document reader would be understood as partially automating the task of performing document checks).