Socio-Legal Barriers to Accessing Justice in the Asylum Process: A Case Study of Administrative Justice in Greece

The role of courts in asylum and migration processes is shaped by a complex interplay of sociolegal factors, influencing both access to justice and the fairness of judicial decision-making. In Greece, these factors combine to create significant barriers for asylum seekers, undermining their ability to access legal representation and secure fair refugee status determination (RSD). This abstract examines these barriers at the micro, meso, and macro levels, focusing on the Greek legal system. At the micro level, asylum seekers face numerous challenges in accessing legal representation. The cost of legal services (EUR 200 for filing costs, to which representation fees and any other expenses are added) is a significant obstacle for many. Language barriers further hinder access to justice, especially for those who do not speak English, limiting their ability to apply for legal aid or understand the judicial process. Often located in accommodation centers far from urban areas, asylum seekers face difficulties in finding a lawyer or communicating effectively. With little or no social inclusion procedures, many of them are forced to work in undeclared and without social insurance work conditions, in low-paid jobs. All this, in turn, affects their possibility of producing evidence before the court to prove their links with Greek society, their financial status, etc. These obstacles result in many asylum seekers being unable to properly present their cases, which compromises their right to a fair trial and legal remedies. At the meso level, Greece’s legal system lacks specialized chambers or dedicated judges for asylum and migration cases. In addition, it is common for Greek judges not to have a good picture of the actual conditions in which applicants live, as they might have never interacted with them in their non-judicial life. This makes them even more susceptible to their perceptions and prejudice and to the public opinion formed about asylum seekers. This combination results in courts frequently failing to adequately protect displaced people's rights. At the macro level, the broader socio-political environment plays a significant role in shaping judicial decision-making. Growing anti-immigrant sentiment and restrictive migration policies influence the way courts handle asylum cases. Additionally, the criminalization of migration in Greece, reinforces discriminatory narratives. The tendency to treat asylum seekers as criminals rather than victims of conflict or persecution complicates their ability to navigate the legal system and secure refugee protection. In conclusion, the Greek asylum system is deeply influenced by socio-legal factors at all levels, creating significant barriers to justice for asylum seekers. Systemic challenges combined with political influences result in a pattern of negative decisions and human rights violations. Addressing these issues requires systemic reforms that improve access to legal aid, enhance judicial specialization, and ensure the protection of asylum seekers' rights in line with international standards.