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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