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.778
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.779 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’.780
Any new submission of an identical subsequent application is dismissed as inadmissible.781
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.782
Second and every following subsequent application
Since September 2021, following relevant amendments to the IPA,783 each subsequent application after
the first one is subject to a fee amounting to €100 per application, with the relevant provision being
maintained under Article 94(10) Asylum Code. This amount may be revised through a Joint Ministerial
decision.
A Joint Ministerial Decision of the Ministers of Migration and Asylum and of Finance, which is in force
since 1 January 2022, determined various issues concerning the implementation of the statutory provision
(definitions, payment procedure, reimbursement of unduly paid fees etc.).784 The same Ministerial
Decision foresees that if the application is submitted on behalf of several members of the applicant's
family, the same fee is paid separately for each applicant, including minor children.785 Illustratively, a fivemember family composed of two parents and three minor children has to pay a fee of €500, to be able to
submit a second or further subsequent application.
National human rights bodies, including the Greek Ombudsperson and civil society organisations
repeatedly called on the Minister of Migration and Asylum to abolish the aforementioned legislative
regulation. At the time of the writing (February 2025) the fee remains a precondition for the registration.
778
779
780
781
782
783
784
785
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.
Article 89(10) IPA, as amended by Article by Article 23 L.4825/2021, available at: https://bit.ly/4d7ACSN.
Joint Ministerial Decision 472687/ 21.12.2021, Gazette 6246/ B/ 27.12.2021 entered into force on 01 January
2022, available at: https://bit.ly/3JQNj7f. ,
Article 1 (2) Joint Ministerial Decision 472687/2021.
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