transfers were implemented.517 Although Sweden continues to submit requests for Dublin transfers to
Greece (347 in 2024), it does not transfer applicants to Greece unless individual guarantees have been
obtained by Greek authorities. As this is very rare, in practice Sweden does not transfer asylum applicants
to Greece.518 Switzerland has issued several Dublin decisions to Greece in 2024, all concerns healthy
men who were Turkish nationals, for which the Greek authorities issued ‘guarantees’. However, a decision
by the Federal Administrative Court is pending following appeals.519 Germany sent 15,453 Dublin transfer
requests to Greece in 2024, making for. 20% of Germany’s outgoing requests. Nevertheless, only 22
transfers were actually carried out. Courts had contrasted opinions as to the feasibility of transfers given
the conditions in Greece, with some halting the transfers but others approving them. 520
Dublin returnees face serious difficulties both in re-accessing the asylum procedure and reception
conditions (which are virtually inexistent) upon return. 521 In fact, returnees face the risk of being subjected
to onward refoulement to Türkiye, following the designation of Türkiye as a safe third country in 2021 (see
Safe third country concept).
Finally, it should be mentioned that applicants who are subject to the EU-Türkiye statement and left the
islands in breach of the geographical restriction imposed on them, will be returned to said island upon
return to Greece from another Member State within the framework of the Dublin Regulation, by virtue of
a 2016 police circular.522 Their application will be examined under the fast-track border procedure, which
offers limited guarantees.523
For further information about the situation of beneficiaries of international protection returned to Greece,
see ‘Return of beneficiaries of international protection to Greece’ under Housing.
3. Admissibility procedure
3.1.
General (scope, criteria, time limits)
Under Article 89 Asylum Code, an application can be considered inadmissible on the following grounds:
❖ Another EU Member State has granted international protection status to the applicant;
❖ Another EU Member State has accepted responsibility under the Dublin Regulation for the
applicant;
❖ When the First Country of Asylum concept is applied;
❖ When the Safe Third Country concept is applied;
❖ The application is a Subsequent Application and no “new essential elements” have been
presented;
❖ A family member has submitted a separate application to the family application without
justification for lodging a separate claim.
Unless otherwise provided, the Asylum Service must decide on the admissibility of an application within
30 days.524
517
518
519
520
521
522
523
524
AIDA, Country report: Ireland – Update on the year 2024, May 2025, available here.
AIDA, Country report: Sweden – Update on the year 2024, May 2025, available here, 51.
AIDA, Country report: Switzerland – Update on the year 2024, May 2025, available here, 47 and 51.
AIDA, Country report: Germany – Update on the year 2024, June 2025, available here, 77.
RSA, Dublin returns to Greece, 21 October 2021, available at: https://bit.ly/3tHwi7T: ‘At the moment, the Greek
reception system is undergoing a gradual transformation through the dismantling of open housing facilities in
favour of large-scale ‘closed controlled centres’, while a coherent policy to support integration of people
granted international protection is still lacking. Despite these circumstances, EU Member States and
Schengen Associated Countries continue to send thousands of Dublin take back requests to return asylum
seekers to Greece. In line with a Recommendation521 from the European Commission, Dublin transfers to
Greece are carried out following the provision of individual assurances by the Greek Dublin Unit relating to the
treatment of returnees in line with the EU asylum acquis.’
Police Circular No 1604/16/1195968, available in Greek at: https://tinyurl.com/ye85mfbc.
See to this regard: RSA/PRO ASYLl, Legal Status and Living Conditions of a Syrian asylum-seeker upon his
return to Greece under the Dublin Regulation, December 2019, available at: https://bit.ly/3fMEfzH.
Article 88(2) Asylum Code. Different deadlines are provided, e.g, for subsequent applications; when the safe
third country concept is examined under the fast-track border procedure, etc.
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