Asylum: Removal of families to Greece

In a reference judgment,¹  the Federal Administrative Court (FAC) examines the situation in Greece and clarifies the case law relating to the conditions for families with children who have received international protection in that country. The Court establishes that this group of people must still overcome many obstacles to secure their livelihood and integration in Greece. Finding accommodation is especially difficult.

The FAC deems that, despite the difficult initial circumstances, families should be expected to make real efforts within their means to establish a living in Greece and secure their livelihood there in the long term. If they need help, they are obliged to ask state institutions and social services, as well as charitable organisations, for the necessary support – for example, in finding work or accommodation, or for language and integration courses. Claiming poor Greek and English language skills cannot justify a lack of effort in this regard since it is possible to communicate with the competent authorities and non-governmental organisations by means of translation apps, or with the help of interpreters or compatriots who have been living in Greece for a long time.

Invoking difficult reception and living conditions alone is insufficient to show that the enforcement of a removal order is inadmissible or unreasonable. The persons concerned must demonstrate that, despite all reasonable efforts, they have not succeeded in establishing a dignified existence in Greece.

Rejection of appeal
In the case at hand, an Afghan family with two under-age children and a grown-up daughter had travelled on to Greece after a lengthy stay in Turkey. In Greece they spent several months in a refugee camp on an island while their asylum application was being processed. After being granted refugee status and issued travel documents for refugees, they travelled to the mainland and, within a few days, left Greece for Switzerland.

The FAC rejects the appeal against the enforcement of removal and upholds the decision of the State Secretariat for Migration which deems the return of the appellants to Greece admissible and reasonable. This judgment is final and may not be appealed to the Federal Supreme Court.

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¹ This judgment was coordinated by all judges from divisions IV and V. It analyses the conditions of the existing situation in a given country and provides a legal assessment which holds not only for this case but for many other proceedings as well.