It is also worth noting that due to this suspension, the Greek authorities do not send readmission requests to the Turkish authorities regarding persons whose applications have been examined under the safe third country concept565. Article 38(4) of the Asylum Procedures Directive, which provides that “where the third country does not permit the applicant to enter its territory, Member States shall ensure that access to a procedure is given in accordance with the basic principles and guarantees described in Chapter II”, was transposed into Greek law through Article 91(5) of the Asylum Code,566 pursuant to which “where the safe third country does not allow the applicant to enter its territory, his/her application shall be examined on the merits by the competent Examination Authorities”. Despite the suspension of returns to Türkiye since March 2020,567 and the aforementioned provision of Article 91(5) of the Asylum Code, the Greek asylum authorities systematically applied the safe third country concept during 2022 vis-à-vis applicants originating from Syria, Afghanistan, Somalia, Pakistan and Bangladesh, leading to a large number of applicants having their claims dismissed as inadmissible and being ordered to return to Türkiye, without any prospects of readmission. As already noted above, as many as 6.105 asylum applications (at first and second instance) were dismissed as inadmissible based on the safe third country concept in 2022.. The overwhelming majority of those decisions concerned the procedure on the mainland568. Subsequent applications lodged following a final rejection of an application for international protection as inadmissible are channelled again into admissibility procedures and dismissed based on the safe third country concept or due to a lack of new elements. In 2022, 109 claims by Somalis, 80 by Afghans and 22 by Syrians, normally lodged following rejection of the initial claim on “safe third country” grounds, were dismissed as inadmissible subsequent claims 569. Only a few decisions, to the knowledge of GCR, have exceptionally been issued by the Committees of the Appeals Authority, pursuant to which the applications for international protection were deemed admissible as it was certain that Türkiye would not allow the appellants to enter its territory, given the refusal of Türkiye to admit the applicants on its territory and the practice of absolute exclusion of returns of migrants/refugees who had irregularly entered Greece through its territory570. This practice exposes applicants for international protection to a legal limbo whereby they are not granted access to an examination of their applications on the merits, contrary to the purpose of the Geneva Convention and of the Asylum Procedures Directive. It also leads to the exclusion of people from reception conditions, resulting in no access to dignified living standards or to cater for their basic subsistence needs, including health care and food. The issue on non-compliance by Greece with Article 38(4) of the Asylum Procedures Directive has been raised before the European Commission by the European Parliament 571, while the issue of the 565 566 567 568 569 570 571 See e.g. Hellenic Police, 4666/3-123706, 14 February 2022; 4666/3-123672, 2 February 2022; 4666/3123670, 31 January 2022; 4666/3-123598, 20 January 2022; 4666/3-123580, 17 January 2022; 4666/3123567, 15 January 2022; 4666/3-123539, 11 January 2022; 4666/3-229920, 27 December 2021; 4666/3229748, 29 November 2021. L. 4636/2019, Gov. Gazette A’ 169/01.11.2019. European Commission, Türkiye 2022 Report, SWD(2022) 333 final, 12 October 2022, available at: https://bit.ly/41KEpPW, p. 5, 8, 21, RSA, Greece arbitrarily deems Türkiye a ‘safe third country’ in flagrant violation of rights, February 2022, available at: https://bit.ly/3JGol9L, p. 2-3, EASO, Asylum Report 2021, 29 June 2021, 242; Hellenic Parliament, Defence & Foreign Affairs Committee, 17 December 2021, available at: https://bit.ly/3g864nv. RSA, The Greek asylum procedure in figures in 2022, Analysis of main trends in refugee protection, available at: https://bit.ly/3VgNoG3, 10. MoMA, Reply of the Ministry to the Greek Parliament, 156079/2023, 16 March 2023, available at: https://bit.ly/3JIy0y6, 7. 3rd Appeals Committee, No 345521/2022, 18 June 2022; 21st Appeals Committee, No 364000/2021, 4 November 2021; No 115795/2022, 28 February 2022 European Parliament, Written Questions P-000604/2021, 1 February 2021; E-4131/2021, 8 September 2021; E-5103/2021, 12 November 2021; E-1347/2022, 5 April 2022. 130