extent to which article 94(10) Asylum Code, requiring the submission of a € 100 fee for the registration of
each second or further subsequent application, was triggered throughout the year (see below: Second
and every following subsequent application).
Information on the main nationalities of those that submitted subsequent asylum applications during the
year is also not included in the specific publications, nor was it provided following GCR’s relevant request
(sent on 31 January 2024), with the MoMA’s reply (dated 14 February 2024) instead referencing the
aforementioned publicly available data, which despite some improvements, is still lacking. The same
applies to information regarding the total number of subsequent applications that were considered
admissible and referred to be examined on the merits.
During 2023, a total of 4,257 subsequent applications were dismissed as inadmissible at first instance
and 2,131 were dismissed as inadmissible at second instance.696
Preliminary examination procedure
When a subsequent application is lodged, the competent authorities examine the application in
conjunction with the information provided in previous applications.697
Subsequent applications are subject to a preliminary examination, during which the authorities examine
whether new substantial elements have arisen or have been presented by the applicant that could not be
invoked by the applicant through no fault of their own during the examination of their previous application
for international protection or appeal. The preliminary examination of subsequent applications is
conducted within five days from their lodging to assess whether new substantial elements have arisen or
been submitted by the applicant.698 The examination takes place within two days if the applicant’s right to
remain on the territory has been withdrawn.699 During this preliminary stage, all information is provided by
the applicant in writing.700
Given the purpose of the procedure, elements or claims related either to the applicant’s personal
circumstances or to the situation in the applicant’s country of origin that did not exist during the
examination of his/her previous application should be considered new in light of the first asylum
procedure. Elements previously available to the applicant or claims that could have been submitted during
the first asylum procedure should be considered new when the applicant provides valid reasoning for not
presenting them at that stage. Furthermore, such new elements should be considered to be substantial if
they lead to the conclusion that the application is not manifestly unfounded, that is to say, if the applicant
does not invoke claims clearly not related to the criteria for refugee status or subsidiary protection.
In line with the above, the First Instance Administrative Court of Athens noted in its 54/2023 Decision that
“in the present case, after the issuance of the... decision of the 12th Independent Appeals Committee…
the aforementioned medical and psychosocial vulnerability assessment report of the doctor... was drawn
up in 2018, according to which she falls under the certified cases of vulnerability of Law 4375/2016, as a
victim of sexual and gender-based violence, as well as violent behaviour in general, and she needs better
living conditions and psychological support, as she presents sleep and feeding disorders, intense anxiety
and flashbacks, exposure to extreme psychotraumatic events. Subsequently, the act of ...2018 was issued
by Moria Reception and Identification Centre of Lesvos RAO regarding the referral of the applicant's
application for international protection to the normal procedure.... Based on these data, the
aforementioned vulnerability recognition documents of the applicant, which are included in the elements
of the administrative file and support the relevant allegations… presented in the above subsequent
application for international protection, constitute, first of all, new critical elements, the invocation of which
was not objectively possible at an earlier point of time, since they arose after the issuance of the decision
696
697
698
699
700
MoMA, Statistics, Consolidated Reports - Overview: December 2023 - International Protection | Appendix A,
available at: https://bit.ly/3TxX9jL, tables 9a and 9b.
Article 94 (1) of Asylum Code.
Article 94 (2) of Asylum Code.
Articles 94(2) and 94 (9) of Asylum Code.
Article 94 (2) of Asylum Code.
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