to issue an “attestation of non-removal on humanitarian grounds” (βεβαίωση περί μη απομάκρυνσης για λόγους ανθρωπιστικούς) where removal would contravene Article 3 of the Convention.45 As a result, the Asylum Service and the Appeals Authority do not refrain from issuing a return decision where removal would amount to refoulement. Arbitrary use of the safe third country concept 27. Since the last decision of the Committee on the M.S.S. / Rahimi group, Greece has significantly expanded the use of the safe third country concept as a ground for dismissing asylum applications without an assessment on the merits.46 Under a national list of safe third countries adopted in June 2021, Greece has designated Türkiye as a safe third country for asylum seekers originating from Syria, Afghanistan, Somalia, Pakistan and Bangladesh.47 As a result, the safe third country concept is now applied vis-à-vis Türkiye to nationals of the above countries throughout the entire national territory. The absence of any reference to this legislative and policy development is a regrettable omission of the Updated Action Plan. 28. The national list of safe third countries has had severe impact on the Greek asylum process. The Asylum Service has dismissed more than 10,000 asylum applications based on the list: 5,922 in 2021, 3,601 in 2022 and 1,134 in the first five months of 2023. At second instance, the IAC have applied the list and dismissed 2,747 appeals in 2022 and 755 in the first five months of 2023.48 29. No thorough assessment prior to adoption of safe third country list: Contrary to its obligations stemming from Article 3 of the Convention,49 Greece has failed to carry out a thorough assessment of the state of the Turkish asylum system prior to designating Türkiye as a safe third country. The national list of safe third countries is based on an unpublished opinion of the Director of the Asylum Service, the contents of which are limited to a collation of extracts from various sources on the international and temporary protection system in Türkiye. In fact, several of the sources cited provide evidence of systemic non-compliance on the part of with Türkiye the non-refoulement principle, including condemnation thereof by the ECtHR in Akkad v. Türkiye,50 lack of access to international and temporary protection procedures, and general rule of law backsliding.51 The Asylum Service refuses to make the aforementioned opinion available to asylum seekers whose claims are assessed on safe third country grounds, citing a lack of sufficient interest to access the document. Such a refusal breaches Greece’s obligation to allow individuals to challenge the application of the national list in their particular case.52 45 46 47 48 49 50 51 52 Articles 73(3) and 110(4) Asylum Code. The amendments were introduced by Article 20 L 4825/2021, Gov. Gazette A’ 157/04.09.2021. For discussion of previous practice, see DH-DD(2020)723, paras 29-34. JMD 42799/2021, Gov. Gazette B’ 2425/07.06.2021, as amended by JMD 548568/2021, Gov. Gazette B’ 5949/16.12.2021, and maintained in force by JMD 734214/2022, Gov. Gazette B’ 6250/12.12.2022. The list includes Albania and North Macedonia. RSA, The Greek asylum procedure in figures in 2021, March 2022, 4; The Greek asylum procedure in figures in 2022, March 2023, 9, 16; Ministry of Migration and Asylum, Statistics, April 2023. Ilias & Ahmed v. Hungary App No 47287/15, 21 November 2019, para 134. App No 1557/19, 21 June 2022. RSA et al., ‘European Commission dispels Greece’s designation of Türkiye as a “safe third country” for refugees – Repeal the national list of safe third countries’, 1 November 2022, available at: https://bit.ly/3PEQxwt. Article 38(2)(c) Asylum Procedures Directive; Article 91(2) Asylum Code. See also European Commission, Reply to written question E-3532/2021, 4 October 2021, available at: https://shorturl.at/crtvD. 11 RSA COMMENTS│ 2023