appeal due to the expiry of the time limit to appeal. 514 An application for annulment can be lodged against
the final decision before the Administrative Court. 515
Preliminary examination procedure
When a subsequent application is lodged, the relevant authorities examine the application in conjunction
with the information provided in previous applications.516
Subsequent applications are subject to a preliminary examination, during which the authorities examine
whether new substantial elements have arisen or have been presented by the applicant and could not be
invoked by the applicant during the examination of her/his previous application for international protection.
The preliminary examination of subsequent applications is conducted within 5 days to assess whether
new substantial elements have arisen or been submitted by the applicant.517 According to the IPA, the
examination takes place within 2 days if the applicant’s right to remain on the territory has been
withdrawn.518
During that preliminary stage, according to the law all information is provided in writing by the applicant.519
Elements or claims related either to the applicant’s personal circumstances or to the situation in the
applicant’s country of origin that did not exist during the examination of his/her previous application are
considered new in light of the first asylum procedure. Elements previously available to the applicant or
claims that could have been submitted during the first asylum procedure are considered new when the
applicant provides valid reasoning for not presenting them at that stage. Furthermore, such new elements
should be considered to be substantial if they lead to the conclusion that the application is not manifestly
unfounded, that is to say, if the applicant does not invoke claims clearly not related to the criteria for
refugee status or subsidiary protection.
Accordingly, the 18th Appeals Committee noted in its 4829/2020 Decision that “although the applicant’s
claims presented in his subsequent application were also presented in general terms during the
examination of his first application for international protection, the subsequent application presents for the
first time in a coherent manner elements related to his mental state that shed light and explain the reasons
that made him leave his country of origin and the connection between his health issues and his fear of
persecution he claims to face in his country. These elements where presented during the examination of
his first application through no fault of his own due to the fact that his mental health was already at that
time particularly strained and he was in no position to present the reasons of his fear of persecution
explicitly”.520
Similarly, the Asylum Unit in Amygdaleza considered in its 366444/ 2021 Decision as new and substantial
the applicant’s claims, i.e. his sexual orientation and the tortures he experienced, presented in his
subsequent application on the basis that he could not present them at an earlier stage due to the fact that
‘he is suffering from depression and post-traumatic stress disorder and depressive episode of a reactive
nature’ and therefore merit further consideration 521
In its 7268/2021 Decision, the RAO Thessaloniki noted that ‘while examining an international protection
application it should be taken into account that that the cultural factors, the gender or the traumatic
experiences of the applicants may affect the way in which they are likely to express themselves. It is
common that asylum seekers find it difficult to tell their personal story. Fear and distrust of the authorities
514
515
516
517
518
519
520
521
Article 1(κδ) of Asylum Code.
Article 114 (1) of Asylum Code.
Article 94 (1) of Asylum Code.
Article 94 (2) of Asylum Code.
Articles 94(2) and 94 (9) of Asylum Code.
Article 94 (2) of Asylum Code.
Greek Asylum Case Law Report, available at: https://bit.ly/3Nxgexp, 47.
Greek Asylum Case Law Report, available at https://bit.ly/3Nxgexp, 50.
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