As the same template decision has been used since 2016, the finding of the United Nations Special
Rapporteur on the human rights of migrants in 2017 (that “admissibility decisions issued are consistently
short, qualify Türkiye as a safe third country and reject the application as inadmissible: this makes them
practically unreviewable”)594 remains valid. Respectively, as far as GCR is aware, second instance
decisions issued by the Independent Appeals Committees for Syrian applicants systematically uphold the
first instance inadmissibility decisions.
As mentioned above, during 2022, as a rule, applications examined under the Fast Track Border
Procedure submitted by Syrians applicants are rejected as inadmissible on the basis of the safe third
country concept. Since June 2021, applications submitted by nationals of Afghanistan, Somalia, Pakistan
and Bangladesh are also rejected as inadmissible based on JMD 42799/2021.
For a detailed analysis of the first instance decisions rejecting applications submitted by Syrian as
inadmissible on the basis of safe third country, see Admissibility, AIDA Report on Greece, update 2016,
2017, 2018, 2019,2020 and 2021 respectively. These findings are still relevant as the same template has
been used since mid-2016.
An indicative example of a first instance inadmissibility decision can be found in the 2017 update of the
AIDA report on Greece, which remains the same up until today.
Greece, throughout 2022 maintained the use of the fast-track border procedure under the derogation
provisions of Article 95(3) of the Asylum Code.595
In contravention of the boundaries of the border procedure, however, the Asylum Service continued to
systematically use the border procedure in the CCAC of Lesvos, Chios, Samos, Leros and Kos in 2022
without there being circumstances of “mass arrivals” or regulations to tthat end after the effects of JMD
15596/2020 ceased at the end of 2021. The Asylum Service took 2,286 first instance decisions in the
border procedure in 2022. Yet, only 462 of those were inadmissibility decisions and 74 were manifestly
unfounded rejections. This means that the majority of decisions (1,750) exceed the scope of Article 95(1)
of the Asylum Code and should not have been issued in that procedure.596
Decisions under the fast-track border procedure [article 90(3)] and JMD 42799/2021
While the JMD 42799/2021 was in force from 7 June to 31 December 2021, a total of 2,000 decisions by
the Committees of the Appeals Authority were issued under the fast-track border procedure [article 90(3)
IPA] regarding the five main nationalities (Syria, Afghanistan, Somalia, Pakistan and Bangladesh). Out of
the 2,000 decisions under the safe third country concept, 1,635 considered the applications
“inadmissible”, (Syria: 542, Afghanistan: 417, Bangladesh: 126, Pakistan: 498 and Somalia: 52). 597 The
number of applications deemed admissible under the JMD by the Appeals Committees was 216, and the
number of appeals pending by the end of the year reached 1,601. Similarly to previous years, it is worth
noting that the statistics provided by the Ministry of Migration and Asylum continue to show
inconsistencies.598
Decisions under the JMD 42799/2021
During 2022, 2.709 decisions were issued under the JMD 42799/2021 from the Appeals Committee. Out
of these decisions, 2.696 applications of Syrians, Afghans, Somalis, Pakistanis and Bangladeshis
594
United Nations Human Rights Council, Report of the Special Rapporteur on the human rights of migrants on his
mission to Greece, A/HRC/35/25/Add.2, 24 April 2017, para 81.
595
Article 95(3) Asylum Code.
596 RSA, The Greek asylum procedure in figures in 2022, Analysis of main trends in refugee protection, available at:
https://bit.ly/4482hhP, 12.
597
Information provided by the Appeals Authority, 11 March 2022.
598
RSA, The Greek asylum procedure in figures: most asylum seekers continue to qualify for international
protection in 2021, available at: https://bit.ly/3qH3qeo, 9.
135
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents