A.Ss.I.S.T. 's decision to remain on Chios and to continue to work remotely together with the initiative to establish a presence in Athens appears to be a good strategy, at least insofar as indicated in the final quarter of 2021 with increased demand for our services in both locations.
Every month, the number of people arriving on Chios by boat from Turkey seeking international protection increased. (Insert numbers graph: Oct: 54 Nov: 91 December: 225 Total: 370 persons. Marked by the tragic loss of life close to the shores of Chios and, sadly, by the loss of life amongst those seeking safety in Europe and who are opting for more dangerous routes bypassing the Aegean Islands towards Italy. Media reports of the Greek authorities pushing boats back to Turkey, even after the boats have landed on Greek shores, continue and there is growing evidence that thousands of people have been pushed back to Turkey. No doubt that this is why the authorities could affirm in the media last Quarter that they have effectively reduced the flows of migration by 95% on the islands.
The sea and land borders with Turkey remain officially closed which means that many of those whose applications for international protection have failed and their legal options are exhausted are either in detention or in limbo without papers and without any form of social support.
OVERVIEW
The number of consultations this quarter increased significantly from 114 to 158, referrals from Athens more than tripled, while consultations with Chios based clients increased by 30% and there was a slight increase also in the number of referrals from elsewhere in Greece. Interview preparations doubled, appeals and subsequent applications increased by 50%. AGLs interventions with the authorities is commensurate with the increased caseload. As previously stated, the increased caseload reflects the increase in the number of arrivals seeking international protection on Chios. Increased referrals from Athens and mainland, we hope, is symptomatic of successful networking and partnering with other NGOs.
INFORMATION SERVICES
A.Ss.I.S.T. 's office help line continues to respond to enquiries on a daily basis (Monday to Friday), in the six main languages: Amharic, Arabic, English, Farsi, French, Lingala and Somali. Both text and voice messages are received, and responses given in the language of the messages received. Legal questions are referred to our AGLs and VLAs. Some questions require consultations with the lawyers. Other enquiries receive responses in accordance to guidance given by the Legal Representative or by standard accepted responses. The Office and Client Services Manager, focal point for all client enquiries, has developed a spreadsheet documenting frequently asked questions, a useful tool for responding quickly and for training in-coming volunteers. Appointments to consult with our VLAs and AGLs are also made via the office WhatsApp. The number of enquiries received are now captured in the Contact Log together with the number of approaches made by our AGLS to the authorities on behalf of A.Ss.I.S.T. clients.
Information Sessions - development of presentations
On 15 October, the AGLs led an in-house workshop to review the draft documents to be used as reference materials for the development of scripts for the Information Sessions that A.Ss.I.S.T. anticipates delivering in 2022. In early November, two foundation documents were completed. The first outlining the full application procedure applicable on the Islands and the second document with the requisite variations as applied to those arriving on the mainland. These documents serve as the legal reference documents for the script for information sessions to be delivered by video presentation. In November-December, the VLAs and Information Manager worked together on the content and design of the new, updated materials to cover the four main stages of the asylum application procedure.
On 13 & 14 December 2022, in-house workshops on the draft scripts for the Information Session presentations were held. All Team members were present to provide feedback on draft scripts for four presentations and two draft audio-visual presentations. All four presentations will be duly translated into the languages relevant to the applicants for, and beneficiaries of, international protection. Although included briefly in the above presentations, two more presentations on Subsequent Applications and Family reunification are proposed.
The development of these materials has been much slower than anticipated due to the fact that priority must be given to serving the clients in immediate need. Many of the legal aid services involve deadlines for clients (interviews and appeals) and there has been a steady increase in the demand for A.Ss.I.S.T. 's legal services, interview preparations and appeals.
Independent expertise will be available to A.Ss.I.S.T. in February 2022 to finalise English presentations before initiating the Language Team project. The services of a Consultant with the requisite legal expertise will ensure the timely completion of the scripts. The Language Team project will draw on the expertise and experience of all previous and current A.Ss.I.S.T. interpreters/translators. Teams of 2 to 4 people will be formed for each language group to work together on translation and quality assurance of the content in each language to be submitted for review by an independent language expert. A project proposal incorporating the independent legal expertise and the translations of the materials into 6 languages with an estimated budget of Euros 6,500 has been drafted ready for fundraising initiatives.
LEGAL AID
As our statistics (attached to this Report) illustrate over this reporting period, the number of legal consultations has increased over time, reflecting both the increase in the number of new arrivals requiring legal assistance and the growing number of referrals from elsewhere in Greece.
In October 2021, UNHCR requested that A.Ss.I.S.T. and other legal actors to appeal on behalf of new arrivals against COVID19 fines of Euros 5000 being imposed for entering Greece without an authorised vaccination certificate. Based on the prior experience of our Greek lawyers to fight COVID19 fines in 2020, A.Ss.I.S.T. declined to provide this service. By December it was clear that A.Ss.I.S.T.’s decision was well founded. All appeals by other legal actors failed and will now be taken forward to the court at the cost of Euros 260.00 for court fees. A.Ss.I.S.T. cannot justify using donor funds on this procedure.
UNHCR also informed other legal actors that charges for illegal entry are being made against new arrivals and mobile phones confiscated. Until international protection is claimed formally and new arrivals are so registered they remain ‘illegal immigrants’. The charges for illegal entry are based on Art. 82 of Law No, 3386/2005 and authorities can retain mobile phones legally on the basis that the ‘illegal immigrant’ or applicant for international protection remains under investigation.
If mobile phones have not been returned to them, then, if international protection is granted, A.Ss.I.S.T. lawyers can approach the police to have them returned.
According to our contacts on Lesvos, Samos and the mainland, these fines are not issued and criminal charges are not laid. Apparently, and to our knowledge, these practices are on Chios only.
Afghanistan related developments
In late October, the International Bar Association (IBA) based in London approached A.Ss.I.S.T. and three of our partner legal aid organisations to provide legal aid to the 106 women judges, lawyers and journalists and their families who had arrived recently in Athens on 60 day visas issued at the behest of the President of Greece. The cases of these evacuees are not as straightforward as those of Afghan new arrivals on Chios as many of these clients had initiated procedures for asylum in diverse EU countries, Australia and the US before the fall of Kabul and their evacuation.
By end-November 2021, IBA had referred 4 Afghan women judges and their families to A.Ss.I.S.T. for legal consultations.
A.Ss.I.S.T. operates on a first come, first served basis with appointments postponed only when the specific client’s case has no firm deadline. A.Ss.I.S.T. does not discriminate by nationality or ‘high profile’ requests received. All cases are accepted based on our capacity to provide legal aid; the availability of our lawyers is monitored via calendar appointments. Some forms of legal assistance have firm deadlines and priority must be given to clients’ immediate needs: interview preparations and appeal submissions have clear deadlines, while, for example, subsequent applications have no specific deadlines until accepted by the Asylum Services.
Following the developments in Afghanistan, our associate Greek lawyers are also reviewing all case records for Afghan clients as there may now be sound arguments for Afghans to counter some negative decisions and for some clients to receive international protection by subsequent applications. AGLs will now make their recommendations as to which cases may proceed with subsequent applications.
Subsequent applications.
With yet another change in Asylum Services procedures, A.Ss.I.S.T. AGLs can no longer book appointments for applicants being supported for Subsequent Applicationsin Athens. Appointments now must be made by the applicant only and this via Skype. Skype services with the Asylum Services have been notoriously inaccessible.
The AGLs briefed some interested parties via video link responding to queries related to Subsequent Applications and clarifying the requirements for their submission. It was agreed that A.Ss.I.S.T. AGLs would examine cases and provide a legal opinion as to whether requirements to proceed with a subsequent application are met. This is, however, time consuming for each case, as the lawyer needs to have full access to the file and review all documents pertaining to the case. Aware that few legal aid actors are doing subsequent applications, A.Ss.I.S.T. will accept cases in accordance with our capacity: interview preparations and appeals have precise and short deadlines and therefore will continue to have priority, subsequent applications have no time limits.
Guardianship and Custody
In November, there were several cases of single parents seeking legal advice and aid to receive legal custody or guardianship of their children. This is a procedure required in order to receive Greek resident IDs and travel documents. The cost involved ranges from Euros 250 to just under Euros 1,000. There are legislated costs involved in such cases: under government regulations, our AGLs are required to charge fees separate to their contracts and other costs are those of the notary and the court.
COVID19 continues..
In November 2021, the Greek government introduced new COVID19 restrictions. These new restrictions require all persons entering all public services to show an authorised vaccination certificate or a PCR negative test from an authorised provider. Most of our clients have not had access to a vaccination program and PCR tests are not free, on Chios, they cost Euros 8/test and on the mainland Euros 10/test.
A.Ss.I.S.T. decided that it was necessary to pay for authorised COVID19 tests @ Euros 8/test as, without a certificate to this effect, our clients cannot enter the Citizen Services Bureau to have Powers of Attorney authorised, or the police station to progress their IDs and other applications, or even the Asylum Services in order to sign an Act of Appeal. The tests are valid for 48 hours so, on some occasions, A.Ss.I.S.T. has had to pay for two tests for one client: Power of Attorney followed several days later with lodging an Act of Appeal. No other solution has been found to resolve this problem and allow legal requirements to go forward.
Appeals
Since January 2021, our AGLs have submitted 86 appeals: of which 16 failed and 20 succeeded. The remainder of appeals are pending recording or decisions. Our Associate Greek lawyers have done an amazing job.
In the first Quarter of 2022, we are looking forward to the
Our renewed thanks to our Board and members, to our loyal donors and partners and last, but by no means least, to our Team members all!
Thank you for taking the time to read this Report.
GLOBAL GIVING REPORT DUE 26 NOVEMBER 2021.
A CONTINUOUSLY EVOLVING CONTEXT
A.Ss.I.S.T. continues to adapt to the rapidly evolving situation for asylum seekers (AS) and beneficiaries of international protection (BIPs) on Chios and more widely across Greece. By expanding and customizing our services, we will be able to provide legal assistance to those on Chios and to as many AS and BIPs residing on the mainland as our capacity and resources permit.
The situation in Chios continues to evolve as reported in the last quarter, only more rapidly. Authorities have transferred many people from Chios to the mainland. Two transfers of applicants took place in August, with 220 persons moved to the mainland by the authorities. Others have left of their own accord. The number of people currently staying in Vial has also decreased significantly.
With the transfer of many from the Islands, the number of asylum seekers and beneficiaries of international protection has increased considerably on the mainland placing additional pressures on already overwhelmed services including legal aid.
A.Ss.I.S.T.’s strategy is to act as ‘safety net’ for applicants that other legal aid organisations are unable to accept. All of our legal services can be delivered remotely from Chios and, A.Ss.I.S.T. will establish a presence in Athens by the end of 2022. In this way, A.Ss.I.S.T. services remain available to those on Chios, those who arrive on Chios (over 100 asylum seekers from July to September) and to provide services to those residing elsewhere in Greece.
Given the Government’s announcement in June 2021 declaring Turkey is a safe country for the return of five nationalities (Afghan, Bangladeshi, Pakistani, Somali and Syrian), applicants of these nationalities must first pass an ‘admissibility’ interview to seek international protection in Greece. Failure to pass this interview will result in their eventual forced return to Turkey. As the Turkish maritime borders remain closed, to our knowledge, there have been no forced returns to date from the Islands.
On 4 September 2021, the new Law No. 4825 «Reform of deportation and return procedures for 3rd- country nationals, residence permit issues and procedures for granting international protection and other provisions under the responsibility of the Ministry of Immigration and Asylum and the Ministry of Citizen Protection» was promulgated. This law makes it more difficult for asylum seekers whose applications have been rejected to challenge a deportation order by applying a stricter definition of the term "humanitarian grounds". It also reduces the period in which they can take legal action once a negative decision has been issued.
The closure of the the government-funded housing program on 31 October 2021 was confirmed and there is mounting evidence that many beneficiaries of this Program have already left Chios.
July
August
September
UNHCR launched a HelpLine for applicants and refugees to get COVID19 vaccination.
OUR SERVICES
Legal Aid
In this Quarter, the demand for A.Ss.I.S.T. services became increasingly irregular. The caseload over September for interview preparations was very uneven with a sudden surge of appointments when new arrivals are released from quarantine, registered in Vial RIC and interviews scheduled by the Asylum Services. The average number of arrivals per boat has been between 8 and 30 people. Two weeks after arrival, as soon as they are released from quarantine, they are registered and then the following week, scheduled for interview. In one week, A.Ss.I.S.T. may receive requests for 10 IPs on Chios and the next none. For this reason, we endeavour to follow the arrivals and forecast their release from quarantine so that, in our forward schedule, we can assure availability of our VLAs or AGLs to serve all our clients. Both interview preparations and appeals have strict deadlines and this requires careful scheduling of other clients and referrals from the mainland while remaining aware of the potential need for new arrivals.
The Team has reviewed and improved various administrative systems – both internal and external. A client feedback form was developed and is now provided to all clients after their consultations. Client feedback has been positive to date, and A.Ss.I.S.T. is aware that this may be attributed to cultural norms of appreciation and/or a lack of alternative services with which to compare those of A.Ss.I.S.T. Nonetheless, it provides clients with an opportunity to comment on the services received and may give us some insights for service improvements and/or to revisit any problems identified.
Examples of comments translated from client feedback forms:
“I need to thank you for all your efforts for asylum seekers, it is something really, really nice from you to us.”
“Very satisfied by you, I thank you deeply.”
“I don’t have any comments. All I can say is the way that you are helping me and all the people thanks for everything and all the hard work.”
A volunteer Greek lawyer, with extensive experience in Migration Law and who previously volunteered with A.Ss.I.S.T. in 2019/20, undertook research into anomalies found by A.Ss.I.S.T.’s AGLs in recent decisions made by the Greek Asylum Services. Based on the findings of this research, A.Ss.I.S.T. has decided to expand the research sample to include more decisions reached during the same period as those already examined.
A.Ss.I.S.T Information Manager revised and finalized a referral form to facilitate coordination and cooperation with interested Organisations on the mainland. Feedback on the referral form and the proposed referral system from the interested organisations has been very positive.
Information Services
On Tuesday, 17 August 2021, A.Ss.I.S.T. held three Q&A sessions for Vial RIC residents at the AFE Mastic Campus: one in English, one interpreted to Farsi and one to Arabic. A.Ss.I.S.T. A total of 23 asylum seekers participated in these sessions. Feedback from AFE and participants was very positive. On Tuesday, 3 September 2021, another session for Farsi speakers was held at the AFE Hub in Chios town attended by 9 participants.
Social media (website, Facebook and Instagram) also being reviewed and a forward strategy developed. A.Ss.I.S.T. resources collection is also being reviewed and developed. All information materials for both internal and external use are being updated, scrutinized by our lawyers for accuracy and the design of presentations for both Information Sessions and Information Sheets for A.Ss.I.S.T. broadcast lists is a work in progress.
LOOKING FORWARD
A.Ss.I.S.T will continue to strengthen our procedures and improve our services in order to efficiently reach out to the largest number of applicants while continuing to provide high-quality legal services.
Throughout the next Quarter we will continue to serve clients on Chios and those requesting assistance or referred to us from Athens and elsewhere in Greece.
In October:
A.Ss.I.S.T.’s Board will undertake a capacity review to finalize forward plans for a presence in Athens.
In November:
A.Ss.I.S.T. will finalize arrangements with prospective partners in Athens
All Information sessions materials should be completed;
In December:
Plans to establish a presence in Athens are proceeding well.
THANK YOU FOR TAKING THE TIME TO READ THIS REPORT - YOUR DONATION IS INVALUABLE.
CONTEXT : CURRENT SITUATION FOR ASYLUM SEEKERS AND REFUGEES.
For the residents in Vial RIC, a vaccination program began in May 2021 and has since halted. It was anticipated that 70% of Chios' population would have had at least had their first vaccine by end-June. This has not been confirmed.
CURRENT SITUATION FOR A.Ss.I.S.T. OUR SERVICES AND OPERATIONS
Made significant improvements to our client records: capturing more data and digitalising records. Since 15 June 2021, all clients are provided with a new feedback form post-consultation. FAQs are being collated as part of preparation for the script for future information sessions and information sheets.
Re-assessed the needs of asylum seekers and BIPs in Chios and undertook assessments of the situation in Athens.
Workshopped the logframe and other matrixes for the forward organisational plan for July 2021 - June 2022 and drafted several grant applications.
Updated website content; social media outlets were more active and on Refugee Day, launched our A.Ss.I.S.T. Instagram account.
Your donations have been instrumental to the provision of all the above services to asylum seekers and beneficiaries of international protection in Greece: one of the most vulnerable populations in Europe.
Thank you for taking the time to read this Report.
Yours sincerely,
The Asylum Seekers Information Services Team.
Yours faithfully,
Sheila Cross
Legal Representative
Links:
In the current unpredictable and ever-changing environment for people seeking international protection on Chios Island, Greece, it is quite simply necessary to continue providing services, endeavour to be well-informed and to be prepared for change in laws, regulations and procedures as well as adapt to the COVID-19 restrictions of movement.
The Team, whose work you are supporting, consists of 2 Volunteer Legal Advisors (VLAs - qualified EU lawyers), one of whom left Chios to work remotely from Paris; two Associate Greek Lawyer (AGLs) under contract from 03 January to 30 June 2021, seven volunteer interpreters (five of whom are asylum seekers or refugees who previously used A.Ss.I.S.T’s services), a volunteer client services/office manager and the resident volunteer Legal Representative. Each team member’s contribution is essential to the provision of our services, and all work together with shared commitment and in solidarity.
Our AGLs focus on appeals that only they can do, as these must be written in Greek and submitted by Greek registered lawyers. Our VLAs focus on interview preparations. The ‘real’ interview with the Asylum Services is the most critical and decisive step in the application procedure and together the lawyers share appointments for legal questions and refer clients to relevant services for accommodation, psycho-social support and other services available through government and NGOs. Without our seven volunteer interpreters, none of our services would be possible. Current volunteers provide interpreting services in Arabic, Farsi, French, Lingala and Somali. The A.Ss.I.S.T. office continues to respond to enquiries via voice and text messages on a daily basis, schedule appointments and receive from and distribute documents to asylum seekers. Working closely with our client service/office manager, our volunteer interpreters translate all messages to and from clients in the above languages. Several new information sheets were written, translated and broadcast via WhatsApp to all our registered clients. In February 2021, our office phone responded to 987 messages in six languages responding to an average of 25 people per day.
Some good news!
On 01 February 2021, we learned that two of our interpreters received international protection; this makes a total of six team members receiving refugee status since September 2020. In the last three months, our AGLs have won 5 appeals.
Below is a message from a client who received international protection in March 2021.
“I send my sincere thanks and appreciation for the great humanitarian aid you have so far rendered to me throughout my time here on Chios, I would like to thank my lawyer for standing by me at the worst period and for bringing me back to live a better life. I would not be a happy person if it hadn't been your support and guidance leading me to receive a positive decision. May God bless and reward you all.
Once more thanks to the entire A.Ss.I.S.T. humanitarian legal aid service.”
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