ELIL - Legal Assistance at EU borders

GREECE

Context and Challenges

The legal landscape for asylum seekers in Greece and the wider EU remains extremely challenging. Asylum seekers continue to face dangerous journeys to Europe. Those who arrive in Greece encounter a hardening asylum process that emphasises speed over justice, undermines the rule of law, and restricts access to legal assistance.

In 2023, Greece saw a sharp increase in arrivals, particularly by sea to the Aegean Islands, with 48,721 new arrivals, doubling the numbers from previous years. This trend continued into 2024, with 36,863 people arriving as of mid-September, reflecting an ongoing humanitarian crisis.

Legal and Procedural Complexities

Asylum seekers arriving on the islands undergo an expedited border procedure, characterised by rapid processing times, geographical restrictions, and inadequate legal safeguards. Vulnerable groups, such as unaccompanied children, are often not exempt from this fast-tracked system, despite existing legal provisions meant to protect them. On the mainland, the procedure is slower, offering more time for legal support, but remains unpredictable with interviews often scheduled at short notice.

Furthermore, the registration process for asylum seekers on the mainland remains riddled with technical issues and delays. Asylum seekers often wait for months to be registered, leaving them without official papers and exposed to risks of detention and denial of services.

Detention and Vulnerable Populations

Detention centers continue to house asylum seekers in overcrowded and under-resourced conditions. Legal assistance is scarce, and detainees often struggle to access the asylum process. Children incorrectly registered as adults face particular hardships, including the absence of appropriate age assessments and protections.

Family reunification for recognised refugees, particularly Palestinians and Afghans, presents further challenges. Many families struggle to navigate the bureaucratic and financial hurdles involved in obtaining the necessary documentation from their countries of origin.

ELIL’s Response

European Lawyers in Lesvos continues to play a critical role in providing legal support to asylum seekers. Despite the unpredictability and complexity of the asylum system, ELIL’s legal teams have adapted by providing individual consultations, group legal information sessions, and mobile unit services across camps and detention centers.

In response to the high number of new arrivals, ELIL resumed permanent operations in Samos in July 2024, expanding its reach. ELIL’s presence on the islands, mainland Greece, and within detention centers ensures comprehensive support for asylum seekers, including representation at interviews, assistance with family reunification, and age assessments.

POLAND

The Poland-Belarus border continues to be a hotspot of violence and hardship for refugees. Over 30,000 refugees crossed this border in 2023, a number that has risen to around 1,500 per month in 2024. Many come from Syria, Afghanistan, Somalia, and Sudan, with an increasing number of families and children making the dangerous journey. Refugees face freezing temperatures, violent pushbacks, and abuse from border guards, with some suffering severe injuries such as beatings and broken bones. Poland’s 2022 construction of a 186-kilometer steel wall has forced refugees into even more perilous routes, such as crossing rivers or scaling the wall.

The situation worsened in June 2024 when the government established a 60-kilometer restricted zone, limiting NGO access and support. Local community members offering help have been criminalized, and violence at the border has escalated. Asylum seekers who do cross are often denied access to the asylum procedure and pushed back to Belarus, while those who remain are placed in overcrowded detention centers, where conditions are harsh and legal support is scarce. Many children have been wrongly registered as adults due to inconsistent age assessment processes.

ELIL’s Work and Activities

European Lawyers in Lesvos (ELIL) began operations at the Poland-Belarus border in early 2023, providing essential legal aid to refugees. Working near key crossing points such as Hajnówka and Biaystok, as well as in detention centers, ELIL has built a strong presence to assist refugees as soon as they arrive. ELIL lawyers have successfully prevented pushbacks in all cases they have managed, protecting the legal rights of those seeking asylum. In addition to asylum assistance, ELIL advocates for the rights of detained refugees and helps families and unaccompanied children navigate the complex asylum process.

Between October 2023 and September 2024, ELIL assisted 1,009 refugees in 631 cases. The majority of the cases involved interview preparation (74.46%), with others relating to detention and family reunification. ELIL’s presence remains critical in preventing unlawful deportations, challenging detention orders, and ensuring refugees have access to crucial services.

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