Dublin returnees face serious difficulties both in re-accessing the asylum procedure and reception
conditions (which is quasi inexistent) upon return. 358 In fact, returnees face the risk of being subjected to
onward refoulement to Türkiye, following the designation of Türkiye as a safe third country in 2021 (see
Safe third country concept).
In another case, a beneficiary of international protection was returned from Germany to Greece at the
beginning of July 2021. The asylum application which the beneficiary submitted before the German
Authorities was rejected as inadmissible, since his case had already been examined by the Greek Asylum
Service, which recognised he is a refugee, even though the person was never informed about that.
Although, the Court accepted that living conditions for beneficiaries of international protection in Greece
are “undoubtedly harsh” also taking into account that beneficiaries are not entitled to accommodation as
provided in the case of asylum seekers, it assumed that healthy, single and young individuals would
nevertheless somehow be able to survive under these conditions. Upon his return, the beneficiary was
handed to the Airport Police Department and was provided with a 10-day duration police note. According
to this note, he should visit the Asylum Service to proceed with his case. Eight months after his arrival
into Greece, no residence permit has been delivered, no health insurance and tax numbers have been
issued, no action for accommodation has been taken due to lack of identification documents.359
Finally, it should be mentioned that applicants who are subject to the EU-Türkiye statement and left the
islands, despite the geographical restriction imposed, will be returned to said island upon return to Greece
from another Member State within the framework of the Dublin Regulation, in virtue of a 2016 police
circular.360 Their application will be examined under the fast-track border procedure, which offers limited
guarantees.361
For further information about the situation of beneficiaries of international protection returned to Greece,
see ‘Return of beneficiaries of international protection to Greece’ under Housing.
3. Admissibility procedure
3.1.
General (scope, criteria, time limits)
Under Article 89 Asylum Code, an application can be considered inadmissible on the following grounds:
❖ Another EU Member State has granted international protection status to the applicant;
❖ Another EU Member State has accepted responsibility under the Dublin Regulation for the
applicant;
❖ When the First Country of Asylum concept is applied;
❖ When the Safe Third Country concept is applied;
❖ The application is a Subsequent Application and no “new essential elements” have been
presented;
❖ A family member has submitted a separate application to the family application without
justification for lodging a separate claim.
Unless otherwise provided, the Asylum Service must decide on the admissibility of an application within
30 days.362
358
359
360
361
362
RSA, Dublin returns to Greece, available at: https://bit.ly/3tHwi7T: ‘At the moment, the Greek reception system
is undergoing a gradual transformation through the dismantling of open housing facilities in favour of largescale ‘closed controlled centres’, while a coherent policy to support integration of people granted international
protection is still lacking. Despite these circumstances, EU Member States and Schengen Associated
Countries continue to send thousands of Dublin take back requests to return asylum seekers to Greece. In
line with a Recommendation358 from the European Commission, Dublin transfers to Greece are carried out
following the provision of individual assurances by the Greek Dublin Unit relating to the treatment of returnees
in line with the EU asylum acquis.
RSA. Recognised refugee returned to Greece, destitute, forgotten and undocumented, available at:
https://bit.ly/3K0Mt6l.
Police Circular No 1604/16/1195968, available at: https://bit.ly/3dVQ05t.
See to this regard: RSA/PRO ASYLl, Legal Status and Living Conditions of a Syrian asylum-seeker upon his
return to Greece under the Dublin Regulation, December 2019, available at: https://bit.ly/3fMEfzH.
Article 88(2) Asylum Code. Different deadlines are provided ie. for subsequent applications; when the safe
third country concept is examined under the fast-track border procedure, etc.
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