On March 31, 2022, a Somali national entered Greece via Chios without presenting a COVID-19 certificate (vaccination or infection), as required by Joint Ministerial Decision (JMD) No d1a/G.P.οικ.16507/2022. The Central Port Authority of Chios subsequently imposed a fine of €5,000 on the asylum seeker for non-compliance.
After administrative objections of the asylum seeker were rejected, Equal Rights submitted an appeal on behalf of the asylum seeker to the Administrative Court of First Instance in Mytilene, as the fine was imposed on the basis of an incorrect interpretation and application of the law. The Court concurred, ruling that the provision of Article 1 of the JMD, which mandates the presentation of specific COVID-19 certificates for entry into Greece, does not apply to individuals seeking international protection.
The Court's decision interpreted the first Article of the Joint Ministerial Decision in the light of the Geneva Refugee Convention, which prohibits the imposition of prohibits the imposition of criminal sanctions on refugees and asylum seekers for their illegal entry or stay in the country and emphasized the value of the Convention as well as the value of the Charter of Fundamental Rights of the European Union, and Directives 2011/95/EU and 2013/32/EU. The Court found that the Somali national, who entered Greece with the intent to seek asylum and was subsequently granted refugee status, should not have been subjected to the fine under the Joint Ministerial Decision.
“This decision is a reminder that the rights of people on the move must be upheld," said Vivian Gleni, Lawyer at Equal Rights. “It reaffirms the principle that seeking asylum is a fundamental, not a crime.”
This ruling underscores the importance of upholding the rights of people on the move under international and European law. Equal Rights Beyond Borders remains committed to advocating for the fair treatment of all individuals seeking protection, and this decision reinforces the necessity of ensuring that legal provisions are applied correctly and justly.
Contact: press@equal-rights.org