international protection, which has undertaken the legal obligation to readmit those categories of
applicants to its territory, but it follows that for a long time (in case more than twenty months) this
country has refused readmissions and that the possibility to change the country’s attitude in the
near future does not appear to have been explored? Or,
b) Must this Article be interpreted as meaning that readmission to the third country is not a
cumulative condition for the adoption of the national act designating a third country as safe for
these categories of applicants, but it is a cumulative condition for the adoption of an individual act
rejecting a specific application for international protection as inadmissible on the ground of ‘safe
third country’? Or,
c) Must Article 38 be interpreted as meaning that the possibility of readmission to the ‘safe third
country’ must be established only at the time of enforcement of the decision, where that decision
to reject the application for international protection is based on the ‘safe third country’ ground? 583
2.1
Safety criteria
Applications lodged by Syrian, Afghan, Somali, Bangladeshi and Pakistani nationals
In 2022, the Asylum Service issued 8,611 first instance decisions regarding applications lodged by Syrian
(initially subject to the fast-track border procedure), Afghans, Somalis, Bangladeshis and Pakistanis
applicants, including third country nationals of Palestinian Origin with previous habitual residence in Syria.
The applications submitted by the aforementioned applicants were examined under the safe third country
concept.584 According to the official figures provided by the Ministry of Migration and Asylum to the
Hellenic Parliament, the Asylum Service dismissed 3,409 claims as inadmissible based on the “safe third
country” concept (Afghanistan: 1,095, Bangladesh: 231, Pakistan: 249, Somalia: 577, Syria: 1,257).585
Since mid-2016, namely from the very first decisions applying the safe third country concept in the cases
of Syrian nationals, until today, first instance decisions dismissing the applications of Syrian nationals as
inadmissible on the basis that Türkiye is a safe third country in the Fast-Track Border Procedure, are
based on a pre-defined template provided to Regional Asylum Offices or Asylum Units on the islands,
and are identical, except for the applicants’ personal details and a few lines mentioning their statements,
and repetitive.586
Specifically, the Asylum Service, reaches the conclusion that Türkiye is a safe third country for Syrian
nationals, relying on:
(a) the provisions of Turkish legal regime in force, i.e. the Turkish Law on Foreigners and
International Protection (LFIP), published on 4 April 2013,587 the Turkish Temporary Protection
Regulation (TPR), published on 2014588 and the Regulation on Work Permit for Applicants for and
583
584
585
586
587
588
European Legal Network on Asylum (ELENA), ‘Greece: Preliminary reference regarding Türkiye as a safe
third country’, 3 February 2023, available at: https://bit.ly/3LhmQzH.
MoMA, ‘Parliamentary Control’, Protocol No 9715717.02.2022, available in Greek at:
https://bit.ly/3qGGT16, 8.
MoMA, Reply of the Ministry to the Greek Parliament, 156079/2023, 16 March 2023, available at:
https://bit.ly/3JIy0y6, 12.
ECRE, The role of EASO operations in national asylum systems, 29 November 2019, available at:
https://bit.ly/2RVALRt, 33 and 35; ECRE et al., The implementation of the hotspots in Italy and Greece,
December 2016, 38. On Lesvos, see GCR, GCR Mission to Lesvos – November 2016, available at:
http://bit.ly/2kbN7F0, 20; On Samos, see GCR, GCR Mission to Samos – June 2016, available at:
http://bit.ly/2kCHMDm, 20 On Leros and Kos, see GCR, GCR Mission to Leros and Kos – May to November
2016, 32.
Türkiye: Law No. 6458 of 2013 on Foreigners and International Protection, 4 April 2013, as amended by the
Emergency Decree No 676, 29 October 2016, available at: https://bit.ly/3LhAJhk.
National Legislative Bodies / National Authorities, Türkiye: Temporary Protection Regulation, 22 October
2014, available at: https://bit.ly/2YM9F3T.
133
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