84%) received refugee or subsidiary status. However, following the JMD, rejections have increased
significantly.558
In addition to the above, according to the official statistics of the Ministry of Migration and Asylum
published in December 2022, ‘Returns under the EU - Türkiye Joint Declaration have not been made
since March 2020 due to Covid-19. It should be noted that despite the lifting of the Covid-19 measures
the requests of missions-returns of the Greek authorities have not been answered’.559
Furthermore, the suspension of returns/readmissions under the EU-Türkiye Statement is publicly
acknowledged by both the European Commission and the competent Ministers of the Greek
government.560 The European Commission in the 12 October 2022 report about Türkiye explicitly states,
inter alia, the following: ‘Türkiye maintained the suspension of returns from the Greek islands that it put in
place in March 2020 […] The return of irregular migrants from the Greek islands under the EU-Türkiye
Statement continued to be suspended, as it has been since March 2020.’561 while in its 6th Annual report
clearly points out that Türkiye was no longer using COVID-19 as a pretext for refusing returns. In
particular, it this report, it is explicitly stated that: ‘Although resettlements from Türkiye resumed as of July
2020, returns from Greece remain suspended. Responding to repeated requests from the Greek
authorities and the European Commission regarding the resumption of return operations, Türkiye has
stated that no return operation would take place unless the alleged pushbacks along the Turkish-Greek
border stop and Greece revokes its decision to consider Türkiye a Safe Third Country’.562 The Minister of
Citizen Protection has explicitly stated that Türkiye refuses to implement the Statement and invokes the
COVID-19 pandemic as grounds for suspending readmissions. The Minister of Migration and Asylum
noted in early 2022 that “Türkiye has unilaterally suspended admission of those who do not qualify
international protection since March 2020, under the pretext of COVID”. In a previous statement, the
Minister stressed that Türkiye “has refused to implement its commitments, and continues to refuse to
engage in any way on the issue”. 563 Besides, the Readmission Unit of the Migration Management
Directorate of the Hellenic Police, in response to relevant questions submitted by GCR, systematically
confirms the absence of any prospect of removal of refugees from the Eastern Aegean islands to Türkiye,
while the Administrative Courts on judicial review of detention affirm the manifest lack of prospects of
readmission to Türkiye, highlighting that the procedure for the readmission of third-country nationals to
Türkiye has already been suspended since 16 March 2020 and there is no evidence that this suspension
will be lifted immediately, that the police authority has not proceeded to any action to execute the
readmission decision, as well as that precondition for the readmission of third-country nationals to Türkiye
is the submission of a relevant return application by the competent Greek authority, however, no requests
have been submitted for the applicants’ return to Türkiye nor does it appear that there is any intention to
do so, due to the indefinite suspension of the relevant procedures on the part of the Turkish authorities. 564
558
559
560
561
562
563
564
EU-Türkiye Statement: Six years of undermining refugee protection, 8 NGOs warn that policies implemented
in Greece keep displaced people from accessing asylum procedures, despite clear need of protection,
available in Greek at: https://bit.ly/3tMP7GU, 1.
MoMA, Report A, December 2022, available in Greek at: https://bit.ly/41NFmqu, 19.
European Commission, Türkiye Report 2021, SWD(2021) 290, 19 October 2021, available at:
https://bit.ly/3DiPMTP, 48; Reply to parliamentary question, Answer given by Ms Johansson
on behalf of the European Commission, Question reference: P-000604/2021, 1 June 2021, available at:
https://bit.ly/3IIx2hW; European Commission, Commission Staff Working Document: Türkiye 2020 Report,
6 October 2020, available at: https://bit.ly/3xgt4aK, 48.
European Commission, Türkiye 2022 Report, SWD(2022) 333 final, 12 October 2022, available at:
https://bit.ly/3HmE7X0, 5, 8. European Commission, Sixth Annual Report on the Facility for Refugees in
Türkiye, COM(2022) 243, 24 May 2022, available at: https://bit.ly/40N9H7r, 2, 3.
European Commission, Sixth Annual Report on the Facility for Refugees in Türkiye, COM(2022) 243,
24 May 2022, available at: https://bit.ly/3LakP8y, 3.
RSA, Greece arbitrarily deems Türkiye a ‘safe third country’ in flagrant violation of rights, February 2022,
available at: https://bit.ly/3iIFsen, 3; MoMA, ‘Request by Greece towards the EU for the immediate return 1,450
third country nationals under the Joint EU-Türkiye Statement’, 14 January 2021, available in Greek
at: https://bit.ly/3izPzmA.
Administrative Court of Kavala, AR779/2022, 14 July 2022, para 4, Administrative Court of Athens
ΑΡ831/2022, 26 May 2022, para 4, Administrative Court of Korinthos, Π2424/2022, 24 June 2022, para3,
Administrative Court of Rhodes, ΑΡ46/2022, 24 March 2022, para 4, ΑΡ72/2022, 25 May 2022, para 4,
ΑΡ78/2022, 21 June 2022, para 3, ΑΡ79/2022, 21 June 2022, para 3, ΑΡ515/2021, 16 December 2021, para
3; ΑΡ514/2021, 16 December 2021, para 3; ΑΡ450/2021, 3 November 2021, para 4; ΑΡ136/2021, 24 March
2021, para 4; ΑΡ122/2021, 4 March 2021.
129
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