It is widely held that the two main pathways into irregularity are irregular entry into a country or overstaying a period of stay granted by a state. How do these two pathways interact with the wider asylum framework in the borderlands of Europe?
In order to claim asylum in an EU member state, it is necessary to set foot on European territory (de facto if not de jure). To do so requires an irregular entry. At the time of writing, Greece is the most common point of entry into the EU, though this was not the case in 2018 or 2017. Entry into Greece is either via the land border at Evros or across the sea from Turkey. Those who arrive via the sea route arrive on the islands of Lesbos, Chios, Samos, Kos, Leros, most of which are several nautical miles from the Turkish coast. Upon arrival, most are fingerprinted, some are detained, and virtually all begin the process of making an asylum claim. Those who don’t make an asylum claim can be detained and quickly deported: applying for asylum is in effect the only legal pathway to remain in Europe.
Applying for asylum is in effect the only legal pathway to remain in Europe.
Here, the fluid, flawed system of categorisation reveals itself. Upon arrival, all would be considered irregular migrants. Upon making an asylum claim, they become asylum seekers, and therefore (at least in theory) entitled to some protections whilst their asylum application is being processed. In the first weeks, they are issued with an International Protection Card (popularly known as an Osweiss or Whitecard) a form of identification recognised by the Greek state that grants the holder access to various state and non-state services.
