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:550
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.551
Appeals Committees do not apply Article 38(4) of the Asylum Procedures Directive (APD) with regards to
applications that have been rejected as inadmissible on the basis of the safe third country concept vis-àvis 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, invoking inter alia Article 38(4) APD by consideration of the suspension of
readmissions to Türkiye.552
Indicative Case law
In May 2025, the 3rd Appeals Committee issued a decision with detailed reasoning and extensive
reference to EU legislation and case law, which found that the Asylum Service had unlawfully rejected the
asylum application of an Afghan national as inadmissible, based on the safe third country concept, by
taking into account the suspension of readmissions to Türkiye.553 Specifically, in its decision, the Appeals
Committee inter alia held that:
“In light of the foregoing, the Commission notes that, as evidenced by the information provided, as of
March 2020 and thereafter, Turkey, as a third country, which, pursuant to the aforementioned ministerial
decisions, has been designated as generally safe, does not, in practice, accept the admission or
readmission of the relevant applicants for international protection—third-country nationals.
Consequently, in accordance with the above findings of the ECJ in its decision of October 4, 2024, in
Case C-134/23, as well as those of the Council of State, as set forth in the second part of the President’s
announcement of March 21, 2025, the competent Greek authorities may not reject applications for
international protection as inadmissible on the basis of Article 33(2)(c) of Directive 2013/32/EU and the
corresponding provision of national law, on the grounds that Turkey is a safe third country.
Consequently, the contested decision, by which the applicant’s application was rejected as inadmissible
pursuant to Article 89(1)(d) of Law 4939/2022, on the grounds that Turkey constitutes a safe third country
for him, is unlawful, given that Turkey does not accept the readmission of the persons concerned—thirdcountry nationals—and, for this reason, which is validly raised, must be annulled.
Consequently, the Commission finds that the applicant’s application for international protection is
admissible and must be examined,furthermore, on its merits”
550
551
552
553
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.
Indicatively: 21st Appeals Committee, Decision 115795/2022, issued 28 February 2022, 10th Appeals
Committee, Decision 224433/2022, issued 20 April 2022, 3rd Appeals Committee, Decision 345521/2022,
issued 16 June 2022.
3rd Appeals Committee, Decision 270494/2025, case legally represented by GCR, summary of the decision
available [in Greek] in GCR et al, Greek Asylum Case Law Report, Issue 1/2025, available in Greek
https://tinyurl.com/4mmsv6n9 p 13.
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