Despite the suspension of returns to Türkiye since March 2020,753 and the aforementioned provision of Article 91(5) of the Asylum Code, the Greek asylum authorities systematically applied the safe third country concept during 2023 vis-à-vis applicants originating from Syria, Afghanistan, Somalia, Pakistan and Bangladesh, leading to a large number of applicants having their claims dismissed as inadmissible and being ordered to return to Türkiye, without any prospects of readmission. As already noted above, as many as 4,691 asylum applications (at first and second instance) were dismissed as inadmissible based on the safe third country concept in 2023.754 Subsequent applications lodged following a final rejection of an application for international protection as inadmissible are channelled again into admissibility procedures and dismissed based on the safe third country concept or due to a lack of new elements. To the knowledge of GCR, in only a few decisions did the Appeals Committees deem applications for international protection admissible on the grounds that it was certain that Türkiye would not allow the appellants to enter its territory, in light the country’s general refusal to readmit rejected applicants who had irregularly entered Greece through its territory.755 This practice exposes applicants for international protection to a legal limbo whereby they are not granted access to an examination of their applications on the merits, contrary to the purpose of the Geneva Convention and of the Asylum Procedures Directive. It also leads to their exclusion from reception conditions, without access to dignified living standards or the possibility to cater for their basic subsistence needs, including health care and food. The issue on non-compliance by Greece with Article 38(4) of the Asylum Procedures Directive has been raised before the European Commission by the European Parliament756, while the issue of the implementation of the safe third country concept in Greece has been raised by civil society organisations757 as well as by applicants for international protection affected by these violations.758 Ιn response to the parliamentary questions raised by the European Parliament, the European Commission stated that: ‘Türkiye suspended returns from Greece in March 2020, in the context of COVID-19 related restrictions and albeit repeated calls from Greece and the Commission to resume returns pursuant to the EU-Türkiye Statement, Türkiye has not so far resumed operations. Article 38(4) of the Asylum Procedures Directive provides that ‘where the third country does not permit the applicant to enter its territory, Member States shall ensure that access to [an asylum] procedure is given’. In line with that provision, applicants whose application has been declared inadmissible are therefore able to apply again. In re-examining and deciding on those applications, Greece will need to take into account the circumstances at the time of the (re-) examination of the individual applications, including with regard to the prospect of return in line with the EU-Türkiye Statement’.759 753 754 755 756 757 758 759 European Commission, Türkiye 2022 Report, SWD(2022) 333 final, 12 October 2022, available at: https://bit.ly/41KEpPW, p. 5, 8, 21, RSA, Greece arbitrarily deems Türkiye a ‘safe third country’ in flagrant violation of rights, February 2022, available at: https://bit.ly/46RDw9I, pp. 2-3, EASO, Asylum Report 2021, 29 June 2021, p. 242, available at: https://bit.ly/3NjoEKi; Hellenic Parliament, Defence & Foreign Affairs Committee, 17 December 2021, available in Greek at: https://bit.ly/3RzGqLS. MoMA, Statistics, available at: https://bit.ly/3zjCd8o, p.8-9. 10th Appeals Committee, No 83008/2023, 9 February 2023; 20th Appeals Committee, No 91410/2023, 14 February 2023; 10th Appeals Committee, No 151657/2023, 14 March 2023; 10th Appeals Committee, 312252/2023, 16 June 2023; 20th Appeals Committee, No ΙΡ/21911/2023, 18 July 2023; 20th Appeals Committee No ΙΡ/36908/2023, 28 July 2023. European Parliament, Written Questions P-000604/2021, 1 February 2021; E-4131/2021, 8 September 2021; E-5103/2021, 12 November 2021; E-1347/2022, 5 April 2022. Joint Civil Society Letter to Commissioner Johansson: Implementation of the safe third country concept in Greece, Reference No: β/50/4.3.2022, 8 March 2022, available at: https://bit.ly/3iN3RPI. CHAP(2021)02261, 7 June 2021; CHAP(2021)02274, 8 June 2021, CHAP(2021)02994, 31 July 2021. See also RSA, Asylum seekers in Greece lodge complaint on infringement of Asylum Directives, 16 June 2021, available at: https://bit.ly/3tkl5ZV. European Commission, Reply to parliamentary question P-000604/2021(ASW), 1 June 2021, available at: https://bit.ly/44otFZl. 158