Only lawyers registered in a dedicated professional register will now be permitted to provide free legal guidance to asylum seekers during the first stage of the administrative process. An additional payment of €250 will also be available where, following the information session, an applicant chooses voluntary departure and their return is successfully completed.

This is set out in a Joint Ministerial Decision (JMD) published in the Government Gazette, which establishes the new framework for providing free legal guidance during the examination of applications for international protection. The decision is jointly signed by Deputy Minister of National Economy and Finance Nikos Papathanasis, Justice Minister Giorgos Floridis and Migration and Asylum Minister Thanos Plevris.

The key change is that legal guidance will now be organised through the Register of Lawyers for Legal Guidance, maintained by the Athens Bar Association and supervised by the Plenary of the Presidents of the Greek Bar Associations. In practice, responsibility for informing asylum seekers is transferred to certified lawyers who must meet specific eligibility requirements, undergo specialised training, comply with incompatibility rules and operate under a monitoring mechanism.

The most notable provision, however, appears in Article 9 of the decision. Lawyers will receive a standard fee of €160, plus VAT, for each session, whether conducted individually or in groups. However, if applicants covered by the procedure who do not have a strong refugee profile apply for voluntary departure within two months of receiving legal guidance, the lawyer will receive an additional €250, plus VAT.

The additional payment is not made simply because an application for departure has been submitted, but only once the return process has been completed. In other words, the financial incentive is linked to an actual return rather than a formal declaration of intent.

This provision forms part of the migration policy framework introduced by Thanos Plevris, based on the principle that those who are not entitled to international protection cannot remain in the country indefinitely. The scheme, described by the ministry as “prison or return”, is already in operation. According to information available to protothema.gr, 599 people have made use of the framework in order to avoid imprisonment and return to their home countries. Of these, 450 have already completed the return process, while proceedings for the remainder are still under way.

With the new Joint Ministerial Decision, the ministry is also seeking to align legal information with the same approach. Asylum seekers, particularly those coming from countries with low recognition rates for international protection, will be informed by a lawyer about the procedure, their prospects of success, their obligations, the criminal consequences of illegal entry and residence, as well as the possibility of voluntary departure.

What lawyers will tell asylum applicants

Legal guidance applies to the first-instance examination of applications for international protection and includes information on every stage of the administrative procedure, applicants’ rights, procedural safeguards and their obligations.

Lawyers will explain the application process and any legal issues that may arise. They will also provide information on how to challenge a negative decision.

Particular importance is attached to the provision requiring lawyers to inform applicants whether they have a strong refugee profile or not. For applicants from countries with an international protection recognition rate below 20%, the guidance will explicitly include information on the strict criminal penalties for illegal entry and residence in Greece, as well as the possibility of voluntary departure and referral to Assisted Voluntary Return and Reintegration programmes.

In other words, applicants will know from the outset what it means to continue with an asylum procedure without a strong refugee claim and what alternative is available through an organised return.

The Joint Ministerial Decision nevertheless sets clear limits on legal guidance. It does not constitute full legal representation. It does not include preparation for the substantive asylum interview, drafting legal submissions or other documents, nor advice on specific actions to support an individual case.

This is also one of the reasons why the sessions will generally be conducted in groups, depending on the applications submitted by migrants.

Fast-track sessions for groups of up to 15 people

The procedure will operate within tight deadlines. Within two working days of a request for free legal guidance being submitted, the competent registration authority will collect the requests and notify the Plenary of the date, time and location of the session. The Plenary must respond within one working day, confirming the appointment of a specific lawyer.

Legal guidance will generally be provided to groups of up to 15 people who share the same nationality and are at the same stage of the asylum procedure. In cases involving a large number of applications or other exceptional circumstances, the group size may be increased to up to 50 people. For criminal detainees, guidance may be provided individually.

Applicants subject to the border procedure will receive priority for legal guidance. This is considered particularly important because these cases are more closely associated with accelerated procedures, weaker refugee claims and the possibility of return.

Fees and incompatibility rules

The standard fee of €160, plus VAT, is paid per session, regardless of whether it is conducted individually or in a group. If a session does not take place because applicants who were properly invited fail to attend, the lawyer will still receive the full fee. However, if the session does not take place because of the lawyer, no payment will be made.

The €250 bonus, plus VAT, applies only in specific cases: applicants under the border procedure who do not have a strong refugee profile and who submit an application for voluntary departure within two months of the legal guidance session. The payment is made only once the departure has been completed.

At the same time, the decision introduces a strict incompatibility rule. A lawyer who has provided legal guidance to an applicant may not subsequently represent that individual privately as their legal representative during either the administrative or judicial examination of their asylum application. The provision is intended to ensure that state-funded legal guidance does not become a mechanism for generating private legal clients.

Lawyers are bound by strict confidentiality obligations, and all information disclosed during the sessions is protected by legal professional privilege.