Illustratrive of a good practice is the Administrative Court of Athens’ decision to annul a second instance
decision for inadequate statement of reasons because it was based on sources of information for Türkiye
in 2016 which were not updated at the time of the examination of the application (2020), i.e., more than
four years after the date of the contested decision.796
To GCR’s knowledge there have been certain appeals of Syrians and Afghans which have been
considered as admissible at second instance.797 For example, the subsequent application lodged by a
Syrian single man was deemed admissible because the long period of time which elapsed since the
rejection of his first application as inadmissible, during which his readmission to Türkiye has not been
completed, was considered to be a new and substantial element. Furthermore, the Appeals Committee
took into consideration the information available, pursuant to which there is no imminent change in
Türkiye's position and it therefore decided that it must be accepted that the relevant application cannot be
dismissed as inadmissible.798
The Asylum Service has considered admissible the application of applicants due to the fact that they
faced a serious problem of communication with Turkish authorities for applying for temporary protection
in a way that they could not organize their lives in Türkiye without been exposed to the risk of serious
harm and insult to their human dignity.799 The Asylum service had also accepted as admissible the
application of women applicants deciding that a woman, alone, without a viable social network,
professional and family ties in Türkiye, it is considered that it would be particularly difficult for her to live
in the country due to the discrimination and social abuse against women in Türkiye.800 In another similar
case of a Somalian woman with children, single parent, survivors of a shipwreck, the Asylum Service
added also that the applicants face the risk of sexual and gender-based violence and discriminatory
treatment regarding their social rights (housing, employment) due to the fact that the applicant is a woman
without a supportive network. The Asylum Service had also found admissible the application of a family
with children from Afghanistan because of systematic violation of the principle of non-refoulement by
Turkish authorities according to informed sources. It considered that due to that systematic violation, the
applicants face the risk of refoulement to a third country where torture or other cruel, inhuman or
degrading treatment or punishment is reported to occur.801
According to GCR’s observation, in some cases, the appeals lodged by Syrian nationals who used to
reside in the Syrian areas were Türkiye conducts military activities have been considered admissible
because the condition of ‘connection’ could not be fulfilled, in light of the violent military intervention of
Türkiye in their region of origin. Also, GCR is aware of a second instance decision which considered the
appeal of a Syrian who remained in Türkiye for the short period of 15 days as admissible, on the ground
that transit per se shall not be conceived in itself as a sufficient or significant connection with the country.
796
797
798
799
800
801
concept of “Safe third country”. Legal standards and Implementation in the Greek Asylum System, February
2024, available at: https://bit.ly/44fR5jV, p. 10, note 29.
Administrative Court of Thessaloniki, 1260/2023,15 September 2023, in GCR, HIAS Greece and RSA, Greek
Asylum Case Law Report, 2/23, January 24, available in Greek at: https://bit.ly/3JuO7y7.
GCR, HIAS Greece and RSA, Greek Asylum Case Law Report, January 2021, available in Greek at:
https://bit.ly/3DmHWs9, Greek Asylum Case Law Report, 1/2022, June 2022, available in Greek at:
https://bit.ly/3oLmN7P, Greek Asylum Case Law Report 2/2022, December 2022, available in Greek at:
https://bit.ly/3RlPWRQ.
19th Appeals Committee, Decision 761318, 19 December 2022.
RAO Lesvos, 8959/2023, 5 January 2023 in GCR, HIAS Greece and RSA, Greek Asylum Case Law Report,
1/23, June 2023, available in Greek at: https://bit.ly/44gdVrl; RAO Lesvos, ΙΡ/37214/2023, 28 July 2023 in
GCR, HIAS Greece and RSA, Greek Asylum Case Law Report, 2/23, January 24, available in Greek at:
https://bit.ly/3JuO7y7.
AU Fylakio, 160905/2023, 17 March 2023 in GCR, HIAS Greece and RSA, Greek Asylum Case Law Report,
1/23, June 2023, available in Greek at: https://bit.ly/44gdVrl.
RAO Peiraeus, 231799/2023, 25 April 2023, also RAO 181652/2023, 28 March 2023, RAO Lesvos,
185687/2023 and 185693/2023, 30 March 2023 in GCR, HIAS Greece and RSA, Greek Asylum Case Law
Report, 1/23, June 2023, available in Greek at: https://bit.ly/44gdVrl.
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