If the preliminary examination concludes on the existence of new elements “which affect the assessment of the application for international protection”, the subsequent application is considered admissible and examined on the merits and the applicant is issued a new “asylum applicant’s card”. If no such elements are identified, the subsequent application is deemed inadmissible.778 Until a final decision is taken on the preliminary examination, all pending measures of deportation or removal of applicants who have lodged a subsequent asylum application are suspended.779 However, as mentioned, applicants do not receive an asylum applicant’s card until the conclusion of this preliminary stage, and subject to the application being deemed admissible. In the meantime, therefore, applicants have no access to the rights attached to the asylum applicant status or protection. Exceptionally, under the Asylum Code, ‘the right to remain on the territory is not guaranteed to applicants who (a) make a first subsequent application which is deemed inadmissible, solely to delay or frustrate removal, or (b) make a second subsequent application after a final decision dismissing or rejecting the first subsequent application’.780 Any new submission of an identical subsequent application is dismissed as inadmissible.781 An appeal against the decision rejecting a subsequent application as inadmissible can be lodged before the Independent Appeals Committees under the Appeals Authority within 5 days of its notification to the applicant.782 Second and every following subsequent application Since September 2021, following relevant amendments to the IPA,783 each subsequent application after the first one is subject to a fee amounting to €100 per application, with the relevant provision being maintained under Article 94(10) Asylum Code. This amount may be revised through a Joint Ministerial decision. A Joint Ministerial Decision of the Ministers of Migration and Asylum and of Finance, which is in force since 1 January 2022, determined various issues concerning the implementation of the statutory provision (definitions, payment procedure, reimbursement of unduly paid fees etc.).784 The same Ministerial Decision foresees that if the application is submitted on behalf of several members of the applicant's family, the same fee is paid separately for each applicant, including minor children.785 Illustratively, a fivemember family composed of two parents and three minor children has to pay a fee of €500, to be able to submit a second or further subsequent application. National human rights bodies, including the Greek Ombudsperson and civil society organisations repeatedly called on the Minister of Migration and Asylum to abolish the aforementioned legislative regulation. At the time of the writing (February 2025) the fee remains a precondition for the registration. 778 779 780 781 782 783 784 785 Article 94(4) of Asylum Code. Article 94(9) of Asylum Code. Article 94(9) of Asylum Code. Article 94(7) of Asylum Code. Article 97(1d) of Asylum Code. Article 89(10) IPA, as amended by Article by Article 23 L.4825/2021, available at: https://bit.ly/4d7ACSN. Joint Ministerial Decision 472687/ 21.12.2021, Gazette 6246/ B/ 27.12.2021 entered into force on 01 January 2022, available at: https://bit.ly/3JQNj7f. , Article 1 (2) Joint Ministerial Decision 472687/2021. 171

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