Appeal Committees have continued to dismiss alleged infringements of Article 72(3) Asylum Code
stemming from the failure of the Asylum Service to exempt the applicant from the fast-track border
procedure, on the ground that the appellant has not demonstrated procedural damage (δικονομική
βλάβη). The position of the Appeals Committees remains incompatible with the case law of administrative
courts, according to which failure to refer such cases to the regular procedure unlawfully circumvents the
special protection afforded by law to vulnerable groups.
Unaccompanied children below the age of 15, as well as unaccompanied children who are victims of
trafficking, torture, rape, or other forms of serious psychological, physical and sexual violence, are always
processed under the regular procedure. 483 For those aged 15 or over who are not victims of trafficking,
torture or violence, exemption from special procedures depends on the individual grounds applied by the
authorities in each case:484
Exemption of unaccompanied children aged 15 or over from special procedures
Accelerated procedure
Border and fast-track border procedures
Ground
Ground
Claim unrelated to protection
√
Protection in another Member State
√
Safe country of origin
x
First country of asylum
√
False information or documents
√
Safe third country
X
Destruction or disposal of documents
√
Subsequent application
X
Clearly unconvincing application
√
Application by dependant
√
Subsequent application
x
Claim unrelated to the protection
√
Application to frustrate return proceedings
√
Safe country of origin
X
Application not as soon as possible
√
False information or documents
X
Refusal to be fingerprinted under Eurodac
√
Destruction or disposal of documents
X
Threat to public order or national security
x
Clearly unconvincing claim
√
Refusal to be fingerprinted under national law
√
Application to frustrate return proceedings
√
Vulnerable person
√
Application not as soon as possible
√
Refusal to be fingerprinted under Eurodac
√
Threat to public order or national security
X
Refusal to be fingerprinted under national law
√
Vulnerable person
√
As far as the Safe Third Country concept is concerned, the law specifies that unaccompanied children
may only be subject to the border and fast-track border procedure where this is in line with their best
interests.485
Pressure on the Greek authorities to abolish the exemptions of vulnerable applicants from the fast-track
border procedure and to “reduce the number of asylum seekers identified as vulnerable”, for the sake of
the implementation of the EU-Türkiye statement and the increase of returns to Türkiye has already been
reported since late 2016.486 However, as underlined by inter alia Médecins Sans Frontières “far from being
over-identified, vulnerable people are falling through the cracks and are not being adequately identified
and cared for.”487
483
484
485
486
487
Article 75(7) IPA.
Articles 83(10) and 90(4) IPA.
Article 90(4)(d) IPA.
European Commission, Joint Action Plan of the EU Coordinator on the implementation of certain provisions
of the EU-Türkiye Statement, Annex 1 to COM(2016) 792, 8 December 2016, paras 2 and 3; Human Rights
Watch, ‘EU/Greece: Pressure to minimise numbers of migrants identified as vulnerable’, 1 June 2017,
available at: http://bit.ly/2qD2fQb; AIDA, The concept of vulnerability in European asylum procedures,
September 2017, 17.
MSF, A dramatic deterioration for asylum seekers on Lesvos, July 2017, 3.
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