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Immigration Deportation & Removal Defense Naturalization +8 more
Konstantinos Darivas & Associates | Law Firm in Athens – Nationwide Legal Services in Greece Konstantinos Darivas & Associates is an Athens-based law firm providing high-level legal representation across Greece, with a strong focus on criminal law, real estate matters, and traffic...
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How Deportation and Removal Proceedings Work in Kos

In Kos, deportation defence usually concerns a return decision, removal order, entry ban, detention measure, or an asylum-related decision. Cases may begin with the Hellenic Police, the Kos Reception and Identification Centre, or the asylum authorities serving a person on the island.

A lawyer examines the person’s documents, immigration history, family circumstances, health, and protection claims. The available response may include an administrative challenge, an asylum application, an appeal, a request for release, or evidence opposing removal.

Deadlines can be short, especially after service of a return decision or an asylum decision. A lawyer should review the written decision immediately and confirm whether removal is suspended while a challenge or appeal is pending.

When You May Need a Deportation Defence Lawyer in Kos

  • You received a return or deportation decision. A lawyer can explain the deadline, identify legal defects, and assess whether an appeal or court challenge is available.
  • You are detained at or transferred through the Kos Reception and Identification Centre. Counsel may challenge detention, seek release, and present evidence about identity, health, family ties, or vulnerability.
  • You fear persecution, torture, or serious harm if returned. An asylum lawyer can help present a protection claim and prepare for interviews with the Greek Asylum Service.
  • Your asylum application was rejected or declared inadmissible. The appeal period may be brief, and the appeal must address the specific reasons given in the decision.
  • You have family members, children, or a long-term connection in Greece. These facts may be relevant to proportionality, residence rights, family unity, or protection against removal.
  • You face an entry ban or a previous removal order. Legal advice can clarify whether the ban remains valid and whether cancellation, lifting, or another residence route may be possible.

Greek Laws Relevant to Removal Defence

Law 5038/2023, the Migration Code. Enacted in 2023, this Code consolidates major rules on residence permits, expulsion, return decisions, removal, detention, and related immigration procedures. Its application depends on the person’s status and the decision issued by the authorities.

Law 3907/2011. This law established the Greek Asylum Service and Reception and Identification Service and incorporated rules on returns, removal, and detention under the EU Return Directive framework. It remains relevant to return decisions and safeguards, subject to later amendments.

Law 4939/2022, the International Protection Code. This Code regulates applications for international protection, asylum procedures, appeals, reception conditions, and protection against return where a person faces persecution or serious harm. EU instruments, including the Dublin III Regulation, may also affect which country examines an asylum claim.

Frequently Asked Questions

Do I need a lawyer after receiving a deportation or return decision?

Legal representation is not always mandatory, but it is often important. A lawyer can identify the applicable deadline, check whether the decision is properly reasoned, and determine whether removal can lawfully proceed.

Can I apply for asylum in Kos after receiving a return decision?

A person may seek international protection if they fear persecution or serious harm in the country of return. The authorities will examine whether the application is new, admissible, or affected by an earlier application or a Dublin responsibility decision.

What happens at the Kos Reception and Identification Centre?

People arriving irregularly may undergo registration, identification, health screening, vulnerability assessment, and immigration procedures there. Restrictions on movement or detention may apply, and the written documents served by officials should be given to a lawyer promptly.

Can a lawyer stop removal immediately?

A lawyer cannot guarantee that removal will stop. The lawyer can request suspension, lodge the appropriate appeal or court application, and notify the authorities of facts that may legally prevent or delay removal.

How long do I have to appeal an asylum refusal?

The deadline depends on the type of decision and how it was served. Some appeals must be filed within a short period, so the date and method of service should be checked immediately rather than relying on a general deadline.

Can detention be challenged in Greece?

Yes, detention may be challenged where the legal conditions are absent, detention is disproportionate, or less restrictive measures could work. Evidence about health, age, family circumstances, identity, or a stable address may be relevant.

Can family ties in Greece prevent deportation?

Family ties do not automatically cancel a removal decision. They may support a proportionality argument or a residence application, particularly where children, a Greek or EU family member, dependency, or established lawful residence is involved.

What if I have no passport or identity documents?

Lack of documents can complicate identification and travel arrangements, but it does not by itself create a right to remain. A lawyer can help address identity evidence, consular contact, protection claims, and any detention or return issues.

How much does a lawyer for removal proceedings in Kos cost?

Fees vary according to the work required, such as a consultation, detention challenge, asylum appeal, court application, or residence procedure. Ask for a written scope of work and fee arrangement, including translation, filing, travel, and court-related expenses.

Can I obtain free legal assistance?

Eligibility depends on the procedure, financial circumstances, and whether the matter is an asylum appeal, detention case, or court proceeding. Ask the competent authority, the court handling the matter, or a lawyer about available legal-aid arrangements before a deadline expires.

Can Greece send me to another EU country instead of my country of origin?

That may occur under the Dublin III system where another participating state is responsible for examining an asylum claim. A transfer decision can be challenged on procedural, family, health, or reception-condition grounds, depending on the facts.

What should I do if the authorities say I must leave voluntarily?

Request and keep a copy of every written document, including the deadline and consequences of non-compliance. Voluntary departure may affect future entry, while ignoring the order can lead to detention, forced removal, or an entry ban.

Official Resources in Kos

  • Hellenic Police. Police immigration services may issue or enforce return and removal measures, manage detention, and coordinate travel documents and removal operations.
  • Greek Asylum Service. The Service registers and examines international-protection applications and handles asylum decisions and related procedures, including appeals through the applicable system.
  • Ministry of Migration and Asylum. The Ministry oversees migration policy, reception and identification facilities, and information concerning the Kos Reception and Identification Centre.

Practical Next Steps for Hiring a Lawyer in Kos

  1. Collect every document immediately. Gather passports, police papers, return or deportation decisions, asylum documents, detention records, medical evidence, family records, and proof of prior applications.
  2. Record the service date. Write down when and how each decision was delivered, because appeal and challenge periods may run from service rather than from the date printed on the document.
  3. Contact a lawyer who handles Greek immigration and asylum matters. Ask specifically about return decisions, detention, asylum appeals, residence permits, and proceedings before the competent administrative authorities or courts.
  4. Arrange an urgent document review. Try to obtain an initial review within 24 to 48 hours when detention, removal, or an appeal deadline is involved.
  5. Confirm communication and translation arrangements. Ensure the lawyer can communicate in a language understood by the client and can arrange a qualified interpreter where necessary.
  6. Request written terms before work begins. Confirm the services covered, total or staged fees, expenses, hearing attendance, urgent filings, and what happens if the case requires an appeal or court action.
  7. Follow the lawyer’s compliance plan. Attend interviews and hearings, report as required, preserve evidence, and notify counsel immediately about any new decision, transfer notice, detention event, or change of address.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.