In February 2024, the 19th Appeals Committee accepted the appeal of a single Somali woman, whose
application had been found inadmissible at first instance based on the safe third country concept and
particularly the time spent in Türkiye.574 The Appeals Committee took into consideration that:
(i) the applicant is a single woman, without a supportive family or family environment in Türkiye,
which makes it particularly difficult, if not practically impossible, for her to establish social and
employment ties in that country, where, moreover, the problems of women's access to services
and legal protection, gender discrimination and women's living and working conditions are real
and the Turkish authorities do not take sufficient measures to ensure that women's access to
services and legal protection is not restricted. Given that each of the criteria laid down in the law
must be satisfied cumulatively, Türkiye cannot be regarded as a safe third country for the
applicant, in accordance with the plea in law put forward in that regard.
On February 2024, the 2nd Appeals Committee accepted the appeal of a single woman with a minor child
from Syria/Pakistan focusing on the time spent in Greece and the missing link with Türkiye.575 As noted:
This Committee […] takes into account that they entered Greece via Türkiye on ...2022, i.e. 15
months ago, and decides that any link between them and the third country, within the meaning of
para. 1(f) of Article 91 of Law No. 4939/2022, has now been breached. Given that each of the
criteria laid down by law must be satisfied cumulatively, Türkiye cannot be regarded as a safe
third country for the applicants […]. Accordingly, the applicants' applications for international
protection were unlawfully rejected as inadmissible on the ground that Türkiye is a safe third
country for them.
3.4. Legal assistance
Indicators: Admissibility Procedure: Legal Assistance
Same as regular procedure
1. Do asylum applicants have access to free legal assistance during admissibility procedures in
practice?
Yes
With difficulty
No
❖ Does free legal assistance cover:
Representation in interview
Legal advice
2. Do asylum applicants have access to free legal assistance on appeal against an inadmissibility
decision in practice?
Yes
With difficulty
No
❖ Does free legal assistance cover
Representation in courts
Legal advice
Legal Assistance in the admissibility procedure does not differ from the one granted for the regular
procedure (see section on Regular Procedure: Legal Assistance). Thus, asylum applicants do not have
access to state-provided free legal assistance during the admissibility procedures at first instance but only
at second instance.576 The lack of legal assistance has proven particularly problematic, especially for
cases falling under the JMD designating Türkiye as a safe third country. While legal aid services are
provided at second instance, meaning the submission of an appeal against the first instance negative
decision on admissibility, the ten-day deadline for the submission of the appeal following the notice of an
inadmissibility decision is not adequate for asylum applicants, nor for the registry lawyers to be properly
prepared for the appeal procedure and prepare an effective representation before the Appeals Authority.
3.5. Suspension of returns for beneficiaries of protection in another Member
State
According to Dublin III Regulation, a Member State may send a take back request (Articles 18(1b-d) and
20(5)) asking another Member State to take responsibility for an applicant who applied for international
protection within the reporting country but had already applied in the first Member State or because the
other Member State previously accepted responsibility through a take charge request.
574
575
576
Decision IP/96007/2024 19th Appeals Committee, summary [in Greek} in : GCR et al, Greek Asylum Case
Law Report Issue 1/2024, available here.
Decision IP/128111/2024 2nd Appeals Committee, summary available [in Greek] here, 3.
Art. 76 of the Asylum Code.
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