UNHCR intervention at the hearing of actors regarding the draft law on legal migration policies

Honourable Mr. President and Members of the Committee,

Honourable Minister, Honourable Deputy Minister,

We would like to warmly thank the Committee for inviting the United Nations High Commissioner for Refugees (UNHCR) to participate in today’s hearing of actors.

UNHCR has already submitted to the Committee and its members a detailed Commentary on the proposed provisions, as well as a relevant Memorandum.

UNHCR limits its observations only to those provisions that regulate issues with practical and institutional impact on persons falling under the Agency’s mandate, namely refugees and asylum-seekers.

To begin with, we would like to highlight the following positive points in the current legislative initiative:

(a) compliance with the recent Decision 1150/2025 of the Plenary of the Council of State, which ruled unconstitutional the single-judge composition of the Independent Appeals Committees, as well as the provision for the extension of the members’ term of office until the appointment of their successors (Articles 47–49).

(b) the explicit provision for, and emphasis on, pre‑integration measures -such as training and educational programmes- in reception centres for asylum‑seekers (Article 175).

(c) the establishment of an Interministerial Coordinating Committee, with the aim of further promoting effective coordination among the competent bodies in the fields of migration policy and social inclusion. The final inclusion, in the Bill submitted to Parliament, of the Ministry of Social Cohesion and Family in the Committee’s composition is very positive - as UNHCR had also highlighted in its comments (Article 43).

However, the Draft Law also includes specific provisions on which UNHCR expresses concern.

• Ten‑year residence permit for those who entered as unaccompanied children – Article 38

The first concern relates to the proposed abolition of Article 161(1)(c) of Law 5038/2023, which provides for the granting of a ten‑year residence permit to third‑country nationals or stateless persons who entered Greece as unaccompanied children and completed at least three years of secondary education in a Greek school.

This provision, which UNHCR welcomed at the time of its adoption in 2023, is an important safeguard for a smooth transition to adulthood and contributes to their social inclusion. Its abolition would leave a particularly vulnerable group without a secure legal status, despite their ties to the country through education.

In general, UNHCR considers that it is in the best interests of children -as well as the society hosting them- that, when they are refused international protection, they retain the possibility of accessing a residence permit until they reach adulthood, with the option of extension under clear and well‑defined conditions, such as continued education or employment. Such an approach would facilitate the smooth integration into Greek society of a group with particular vulnerabilities and would prevent prolonged periods during which children remain in a state of limbo, with all the attendant consequences this may have for social cohesion.

If the above holistic approach is not adopted, UNHCR recommends maintaining the 2023 provision as a minimum safeguard.

• Tightening sanctions for offences related to irregular migration – Articles 15 and 16

The second group of proposed provisions in relation to which UNHCR expresses concern are those introducing a significant tightening of criminal sanctions for offences linked to “illegal migration”, by adding aggravating circumstances when such offences are allegedly committed by members of civil society organizations registered in the NGO Registry of the Ministry of Migration and Asylum.

Particularly problematic in this context is the proposed possibility of deleting an NGO from the Registry upon the mere initiation of criminal proceedings against one of its members, before any conviction has been issued. It should be noted that, despite the improvement introduced in the version submitted to Parliament - namely the addition of a safeguard requiring justification of the organization’s administrative responsibility - the possibility of deleting organizations without a final judicial decision still remains, on the mere basis of criminal charges brought against an individual member.

While the aim of ensuring public order and the effective management of migration is fully legitimate, UNHCR considers that the necessity and appropriateness of introducing “punitive” measures of such scale and severity should be reconsidered, especially where serious concerns arise regarding their compatibility with fundamental rights, the principle of proportionality and the safeguards of the rule of law. UNHCR has referred extensively in its Commentary to relevant jurisprudence and to recommendations issued by international and European bodies to Greece concerning the treatment of civil society organizations.

The imposition of such measures carries the risk of serious and disproportionate consequences for the functioning of civil society organizations and could significantly undermine their operational capacity to deliver humanitarian assistance and essential services. With regard to the activities of these organizations in Greece, we would like to recall that they have long played a crucial and institutional role, providing, among other things, vital support to particularly vulnerable individuals and services that the State is obliged to provide, especially in times of crisis. They are, moreover, recognized partners of the United Nations, the European Union and the Greek State, which systematically relies on their contribution.

UNHCR remains at the disposal of the State and Parliament for technical support, dialogue and cooperation, with the aim of shaping a system that combines effectiveness, respect for fundamental rights and the strengthening of social cohesion.

Thank you very much for your attention.

United Nations High Commissioner for Refugees, Representation in Greece, 28 January 2026

Read the Memorandum here