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I Have Rights
Samos, Greece

8 people in their team
English
I Have Rights (IHR) is a non-profit legal and political organisation based in Greece that provides access to individualised legal information and support to people on the move on the island of Samos, including asylum seekers, refugees, and migrants.The firm focuses on challenging unfair and...
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What immigration and removal defence involves in Samos

In Samos, removal cases often arise at the Samos Closed Controlled Access Centre, at the port, or during checks by the Hellenic Police. A person may face a return decision, an expulsion order, detention, an entry ban, or transfer under the EU Dublin system.

A lawyer examines the decision, identity documents, asylum history, family circumstances, health evidence, and any risk of persecution or serious harm after return. The available remedy depends on the document served and the deadline printed on it.

Asylum procedures may involve registration or interviews with the Greek Asylum Service, followed by an appeal to the Appeals Authority. A pending asylum claim does not automatically resolve every removal issue, particularly where authorities rely on inadmissibility, a previous application, public-order grounds, or a separate return decision.

When legal representation may be necessary

  • A return or expulsion decision was served in Samos. A lawyer can identify the appeal deadline, request access to the file, and assess whether removal should be suspended.
  • An asylum claim was rejected at the Samos facility. The appeal must address the specific reasons for refusal, including credibility findings, identity issues, or alleged safe-country connections.
  • Detention followed an identity or immigration check. Counsel can examine detention grounds, challenge unlawful detention where appropriate, and seek release or alternatives.
  • A person fears persecution or serious harm in the country of nationality. Legal assistance can help present a consistent account and supporting evidence under the international protection procedure.
  • Family members are separated between Samos and another European state. A lawyer can assess family reunification, Dublin responsibility, or the effect of a spouse's or child's status.
  • An entry ban or previous removal affects a future application. Counsel can determine whether the ban can be challenged, lifted, or considered with a residence or protection application.

Greek rules that commonly apply

Law 4939/2022, the Code of International Protection. This code governs international protection applications, asylum procedures, appeals, reception, detention, and protection against return. It consolidated earlier rules and has been amended since its adoption.

Law 5038/2023, the Migration Code. This code replaced the earlier main migration code and entered into force in 2024. It regulates residence permits, expulsion, return, entry bans, and other immigration matters, subject to later amendments and transitional provisions.

Law 3907/2011. This law transposed the EU Return Directive into Greek law and contains rules concerning return decisions, voluntary departure, removal, detention, and entry bans. The exact remedy depends on the decision and on later amendments to the Greek immigration framework.

Frequently asked questions

Do I need a lawyer after receiving a removal decision in Samos?

Legal representation is not always mandatory, but it is often important because deadlines can be short and the decision may contain several separate measures. A lawyer can determine whether to seek annulment, suspension, revocation, or another remedy.

Can I appeal a rejected asylum application?

Usually, a first-instance rejection can be challenged before the Appeals Authority within the deadline stated in the decision. The deadline and the right to remain depend on the type of procedure and the wording of the notification.

Will an asylum application stop my deportation?

A pending international protection claim often provides protection from removal while the application is examined. Exceptions can apply, including certain inadmissibility, border, safe-third-country, or public-order situations, so the documents must be reviewed promptly.

What happens if I am detained at the Samos facility?

The authorities should provide information about the detention decision and the reasons for it. A lawyer can review detention legality, seek judicial protection where available, and present evidence concerning identity, vulnerability, family ties, or a realistic alternative to detention.

Can medical or psychological evidence affect my case?

Yes. Reliable medical evidence may support vulnerability findings, explain difficulties during an interview, or show that removal would create serious risks. It should be obtained from qualified professionals and connected clearly to the legal issue.

Can family ties in Greece prevent removal?

Family ties do not automatically cancel a removal decision. They may support an application for residence, humanitarian consideration, family reunification, or a challenge based on private and family life, depending on the relatives' status and the evidence.

How much does an immigration lawyer in Samos cost?

There is no single fixed fee for these cases. The cost may depend on detention, the number of decisions, interpretation, document preparation, travel, and whether an appeal or court application is required.

Is free legal assistance available?

Some asylum applicants may qualify for state-funded or publicly arranged legal assistance, particularly in appeal procedures, subject to the applicable rules and availability. The Greek Asylum Service, the facility's support services, or a lawyer can explain the current eligibility process.

How long does an asylum appeal take?

There is no guaranteed timetable. The duration depends on the procedure, interview scheduling, evidence, the Appeals Authority's workload, and whether detention or an urgent removal risk requires immediate action.

Can Greece remove me to another European country?

It may seek a transfer under the Dublin Regulation when another participating state is responsible for examining the asylum claim. A lawyer can examine family links, previous visas or applications, transfers, reception conditions, and any deadline or humanitarian argument.

What is the difference between an asylum appeal and a challenge to deportation?

An asylum appeal contests the decision on international protection. A deportation or return challenge addresses immigration enforcement, removal, detention, or an entry ban, and the two procedures may proceed together but have different legal grounds and deadlines.

Official resources in Samos

  • Greek Asylum Service: It registers and examines international protection applications, conducts interviews, issues first-instance decisions, and provides information about asylum procedures and rights.
  • Appeals Authority: It examines administrative appeals against eligible first-instance asylum decisions and issues decisions through the applicable appeals procedure.
  • Hellenic Police: Its competent immigration and border services may serve return or expulsion decisions, manage immigration detention, investigate identity and entry issues, and carry out removals under the law.

How to find and appoint a lawyer

  1. Collect every document immediately. Keep the decision, service record, asylum card, detention papers, passport or identity papers, prior applications, and medical records together.
  2. Record the service date and deadline. Do this on the same day, because the time limit may run from notification and may differ between an asylum decision, return decision, and detention measure.
  3. Contact a Greek-qualified lawyer promptly. Seek an initial review within 24 to 72 hours where detention or imminent removal is involved, and ask whether the lawyer handles administrative and asylum litigation.
  4. Confirm the proposed remedy and fee. Request a written explanation covering the appeal or court application, suspension of removal, interpretation, filing costs, travel, and any further hearing.
  5. Ask how communication will work at the Samos facility. Confirm access arrangements, interpreter availability, document delivery, and who will monitor notifications from the authorities.
  6. Provide a complete factual account and supporting evidence. Include identity documents, family records, police or medical evidence, proof of residence, and details of previous applications or travel through Europe.
  7. Obtain proof of filing and follow-up dates. Keep copies of every submission and ask the lawyer to confirm the next procedural event, especially if removal remains possible.

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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.