Based on legal aid organizations’ observations, including GCR, in practice, the Asylum Service did not
issue nor notify applicants of their admissibility decisions. As a result, many applicants received an
invitation to a personal interview for the in-merits assessment of their asylum claim before RAOs without
prior information on the admissibility decision and the next step of the procedure, thus not being able to
prepare for the interview. On the other hand, in Lesvos, Kos and Chios, applicants from Syria and
Afghanistan who had an admissibility interview and their applications were found admissible did not have
an in merits interview; instead, their asylum applications were examined on the basis of their
administrative file and, in general, were accepted, without undergoing an asylum interview on the merits.
In practice, the Asylum Service notified applicants directly of their positive decisions with reference to their
admissibility decisions.
In 2023, the issue of the use of outdated sources in a number of decisions for cases especially concerning
the examination of the safe third country concept vis-a-vis Türkiye still remains. For instance, the decisions
refer inter alia to the 2019 and 2020 updates of the AIDA country report on Türkiye, to other reports
published in 2017 and 2018, and to letters sent by the Permanent Delegation of Türkiye to the European
Commission and by the European Commission to the Greek General Secretary of Migration Policy in April
and May 2016 in the context of the EU-Turkey Statement.501
3.3. Appeal
Indicators: Admissibility Procedure: Appeal
Same as regular procedure
1. Does the law provide for an appeal against an inadmissibility decision?
Yes
No
v If yes, is it
Judicial
Administrative
v If yes, is it automatically suspensive
Yes
Some grounds
No
According to the Asylum Code, the deadlines for appealing an inadmissibility decision, the automatic
suspensive effect of appeals and the format of the Committee examining them depend on the
inadmissibility ground invoked in the first instance decision under the regular procedure:502
Time limits and automatic suspensive effect: Appeals against inadmissibility
Ground
Deadline (days)
Suspensive
Format
Protection in another EU Member State
20
×
Single judge
Dublin
15
√
Single judge
First country of asylum
20
×
Collegial
Safe third country
20
√
Collegial
Subsequent application with no new elements
5
×
Single judge
Application by a dependent
20
√
Single judge
The Appeals Committee must decide on the appeal within 20 days, as opposed to 30 days in the regular
procedure.503
Appeals Committees do not apply Art. 38(4) of the Procedures Directive with regard to applications having
been rejected as inadmissible on the basis of the safe third Country concept vis-à-vis Türkiye, despite the
fact that readmissions to Türkiye have been suspended since March 2020. It is only in a limited number
of cases that the Appeals Committees have proceeded to an in-merits examination of the application,
501
502
503
As evidenced by decisions received by GCR’s beneficiaries. See also PROASYL & RSA, The Concept of
“Safe Third Country”: Legal Standards & Implementation in the Greek Asylum System, February 2024,
available at: https://tinyurl.com/rh6cte8t, p. 10.
Article 97(d). It should be noted that the deadline for appealing against decisions issued under the provision
of Article 95 Asylum Code (border procedure) is 10 days.
Article 101 (d) L4636/2019, as amended by Article 25 (d) L4686/2020.
106
Επιλογή στοχευμένης παραγράφου3
Σύνδεση με παράγραφο
Σύνδεση με οντότητα
Απενεργοποίηση επισημάνσεων
Προσθήκη στον πίνακα περιεχομένων