allegations put forward in this application do not constitute new material elements in relation to
the earlier application, since the applicant had also put forward the above-mentioned grounds in
her earlier application and those grounds had already been assessed and considered by the
competent authorities in the earlier procedure. However, after the discussion of the application,
the applicant submitted the ...2023 act of the Athens District Attorney, by which she was classified
as a "victim of trafficking in human beings" in accordance with the provisions of Article 1(k) of Law
4251/2014 in conjunction with Article 1(2) of Law 233/2003. 10 This is indeed new evidence, as
it was issued after the applicant's subsequent application for international protection. (…) Ιit is
also material in the above sense as it may, under certain conditions, reopen the procedure for
examining the application for asylum, because it is sufficiently different from those previously
submitted, and a reasonable belief is created that it could lead to the recognition of international
protection status, despite the final rejection of the previous application.
The 18th Appeals Committee in its decision ΙΡ/783018/2024 noted “an examination of the information in
the file shows that the possibility of the applicant's readmission to Turkey was not considered when his
earlier application was examined. The fact that it was found that it was objectively impossible to readmit
the applicant for international protection to Turkey because of the latter's refusal to admit him to its territory
constitutes a new essential element in this case, since it precludes the application of the concept of a safe
third country as a ground for inadmissibility of the application.”
In its decision IΡ/92550/2024 AAU of Amigdaleza noted that:
A comparative examination of the applicant's earlier and later application shows that the elements
mentioned by the applicant in his later application, namely that his family is in danger because of a
match of his sister which did not take place, cannot be considered as new, (…) although the reasons
why the applicant does not wish to return to his country of origin have been mentioned and examined
by the Competent Authorities during the examination of his previous application, the Service
considers that his application requires further examination due to the changed situation in
Afghanistan.
These positive decisions, issued during 2024, are selected indicatively among cases represented by GCR
and published in the Greek Asylum Case Law Report.780
If the preliminary examination concludes on the existence of new elements “which affect the assessment
of the application for international protection”, the subsequent application is considered admissible and
examined on the merits and the applicant is issued a new “asylum applicant’s card”. If no such elements
are identified, the subsequent application is deemed inadmissible.781
Until a final decision is taken on the preliminary examination, all pending measures of deportation or
removal of applicants who have lodged a subsequent asylum application are suspended.782 However, as
mentioned, applicants do not receive an asylum applicant’s card until the conclusion of this preliminary
stage, and subject to the application being deemed admissible. In the meantime, therefore, applicants
have no access to the rights attached to the asylum applicant status or protection.
Exceptionally, under the Asylum Code, ‘the right to remain on the territory is not guaranteed to applicants
who
(a) make a first subsequent application which is deemed inadmissible, solely to delay or frustrate
removal, or
(b) make a second subsequent application after a final decision dismissing or rejecting the first
subsequent application’.783
Any new submission of an identical subsequent application is dismissed as inadmissible.784
An appeal against the decision rejecting a subsequent application as inadmissible can be lodged before
the Independent Appeals Committees under the Appeals Authority within 5 days of its notification to the
applicant.785
780
781
782
783
784
785
The report is prepared and updated by the NGOs RSA, GCR and HIAS Greece, available in Greek at
https://bit.ly/44jLjO3.
Article 94(4) of Asylum Code.
Article 94(9) of Asylum Code.
Article 94(9) of Asylum Code.
Article 94(7) of Asylum Code.
Article 97(1d) of Asylum Code.
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