Article 38(4) of the Asylum Procedures Directive, which provides that “where the third country does not permit the applicant to enter its territory, Member States shall ensure that access to a procedure is given in accordance with the basic principles and guarantees described in Chapter II”, was transposed into Greek law through Article 91(5) of the Asylum Code,831 pursuant to which “where the safe third country does not allow the applicant to enter its territory, their application shall be examined on the merits by the competent Examination Authorities”. Despite the suspension of returns to Türkiye since March 2020,832 and the aforementioned provision of Article 91(5) of the Asylum Code, the Greek asylum authorities have since systematically applied the safe third country concept vis-à-vis applicants 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, despite the lack of any prospect of return/readmission. As already noted above, as many as 3,310 asylum applications (at first and second instance) were dismissed as inadmissible based on the safe third country concept in 2024, the vast majority of which with regards to Türkiye.833 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.834 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 to their basic needs, including food and healthcare. The European Parliament and civil society have raised concerns over Greece’s non-compliance with Article 38(4) of the Asylum Procedures Directive and its application of the safe third country concept. In response to parliamentary questions raised by Members of the European Parliament, the European Commission stated that, under Article 38(4), Member States must grant access to substantive asylum procedures if a third country refuses entry to an applicant, precluding inadmissibility rejections based solely on the safe third country concept. It emphasised that Greece must consider the prevailing circumstances during the (re-)examination of applications, particularly in light of Türkiye’s suspension of returns since 2020 under the EU-Türkiye Statement.835 The Commission further highlighted that legal or factual circumstances, including the suspension of bilateral readmission agreements or a failure by the 831 832 833 834 835 L. 4636/2019, Gov. Gazette A’ 169/01.11.2019. 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/4arfSEx, 7-8. 10th Appeals Committee, No 83008/2023, 9 February 2023; 20 th Appeals Committee, No 91410/2023, 14 February 2023; 10th Appeals Committee, No 151657/2023, 14 March 2023; 10 th Appeals Committee, 312252/2023, 16 June 2023; 20th Appeals Committee, No ΙΡ/21911/2023, 18 July 2023; 20 th Appeals Committee No ΙΡ/36908/2023, 28 July 2023. 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 P000604/2021(ASW), 1 June 2021, available at: https://bit.ly/44otFZl; European Commission, Reply to parliamentary question E-004131/2021(ASW), 21 December 2021, available at: https://bit.ly/45w7rFb; European Commission, Reply to parliamentary question E-005103/2021(ASW), 25 January 2022, available at: https://bit.ly/3Q3NugU; European Commission, Reply to parliamentary question E-001347/2022(ASW), 22 June 2022, available at: https://bit.ly/46OaKqG. 179