Indicative Case law
In its decision IΡ/61590/2025 AAU of Amigdaleza, in the case of a subsequent application filed after an
implicit revocation of the international protection, an Iranian applicant missed his scheduled interview and
that implicit revocation was concluded by the authorities, terminating the examination of the application.
According to the AAU, however, the above claims were not recorded, examined, or assessed at an earlier
stage, as the applicant did not appear at the scheduled interview for his previous application.
Consequently, the above information presented in the applicant’s subsequent application was accepted
as new. Consequently, his application required further examination in accordance with Article 94 of Law
4939/2022 and must be deemed admissible in order to be further examined .774
In its decision IP/63615/2025 RAO of Western Greece in the case of a Somali applicant whose first
application was rejected due to his transit through Türkiye, at the subsequent application RAO accepted
his application on the fact that “it appears from the information in the applicant’s file that one year has
elapsed since his transit through Türkiye (…10/2023). The Service considers that the above fact, namely
that one year has elapsed since his transit through Türkiye, may be regarded as new. As for the legal
requirement regarding whether this element in his subsequent application is also material, the Service
considers that this element is indeed material, as it relates to the conditions set forth by the legislation for
Türkiye be designated a “safe third country” for the specific applicant in accordance with Article 91 of Law
4939/2022. Consequently, his application requires further examination pursuant to Article 94 of Law
4939/2022 and must be deemed admissible in order to be further examined in accordance with the
aforementioned provisions.”775
In the case of ΙΡ/129638/2025 RAO Alimos, the Service considered that the applicant’s claims regarding
her mental health, as corroborated by the documents submitted, may, under certain conditions, overturn
the conclusions of previous rejection decisions regarding her credibility. Consequently, the claims under
consideration must be regarded as new evidence. As for the legal requirement regarding whether the
evidence cited by the applicant in her subsequent application is also substantial, the Service considered
that the evidence cited by the applicant in her subsequent application was substantial, as they relate to
the conditions set forth by law for the applicant to be recognized as a beneficiary of subsidiary protection776
The RAO of Thessalonikis, in decision ΙΡ/752502/2025, accepted the applicants (i.e., a female survivor
of SGBV) subsequent applicationeven thought the claim refered to a fact the applicant was aware for the
beginning of the procedure. According to the decision “her allegation of sexual harassment suffered at
the hands of her uncle and the risk of recurrence of the abuse she cites, it appears that this is being raised
for the first time before the competent examining authorities and may be considered new evidence since
the applicant was able to explain that, due to fear and cultural barriers, she was unable to raise this claim
in her previous applications. As for the legal requirement regarding whether the evidence invoked by the
applicant in her subsequent application is also substantial, the Service finds that the evidence invoked in
her subsequent application are material, as they alter the assessment of the risk she faces in the event
of return to her country of origin. In conclusion, upon evaluating and comparing what the applicant initially
stated and what she stated in subsequent application, in conjunction with the information regarding the
applicant’s country of origin, it appears that the facts she invokes in the subsequent application are new
and substantial. Consequently, her application requires further examination in accordance with Article 94
of Law 4939/2022 and must be deemed admissible in order to be further examined in accordance with
the provisions referred to above”.777
774
775
776
777
Decision IP/ 61590/2025 AAU of Amigdaleza summary [in Greek} in: GCR et al, Greek Asylum Case Law
Report Issue 1/2025 https://tinyurl.com/4mmsv6n9 p.21
Decision IP/ IP/63615/2025 RAO of Western Greece summary [in Greek} in: GCR et al, Greek Asylum Case
Law Report Issue 1/2025 https://tinyurl.com/4mmsv6n9 p20
Decision IP/ 129638/2025 RAO Alimos summary [in Greek} in: GCR et al, Greek Asylum Case Law Report
Issue 1/2025 https://tinyurl.com/4mmsv6n9 p22
Decision IP/ 752502/2025 RAO Thessaloniki, summary [in Greek} in: GCR et al, Greek Asylum Case Law
Report Issue 2/2025 https://tinyurl.com/3fkyetz5 p.21
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