most cases the Independent Appeals Committees. It should be noted that these decisions of the national
authorities, based on the Proposals of the same Advocate General in Cases C 924/19 PPU and C 925/19
PPU, overwhelmingly interpreted, incorrectly, that the condition of effective or not readmission to the third
country is reviewed not at the stage of issuance, but at the stage of execution of the decision declaring
an application for international protection as inadmissible on the basis of the safe third country clause.
It should be recalled that the majority of the Plenary of the CoS, in the above-mentioned judgment,
interpreted Article 38 of the Directive, taking into account the provision of Article 18 of the Charter of
Fundamental Rights of the European Union, which safeguards the right to asylum, in a way that serves
the purpose pursued by the Directive.
The CJEU's judgment is of major importance because it overturned the practice followed by the Greek
authorities for many years – i.e. indiscriminate rejection of asylum applications as inadmissible under the
safe third country concept – and put an end to the denial of the rights of thousands of applicants, by
prohibiting their rejection when there is no possibility of their readmission to the ‘safe third country’, in this
case, Türkiye.538 Despite this lack of return prospect, many RAOs continued to issue inadmissibility
decisions based on the existence of a link with Türkiye, disregarding the practical impossibility of returning
applicants there.539 For example, in September 2024, Kos RAO issued a decision of inadmissibility in the
case of an Afghan national and ruled that the applicant should be returned to Türkiye. The RAO
considered that "in this case, the applicant's link to the third country, as defined in paragraph 1, point (st)
of Article 91 of Law 4939/2022, can be considered sufficient, as the applicant’s transit through Türkiye,
combined with other circumstances relevant to his case (such as, among other factors, the length of his
stay in Türkiye – specifically three years – or the fact that the applicant was granted valid residence
documents by the Turkish authorities immediately upon entering Türkiye, which were later revoked due
to his own fault), constitute grounds on which it can be considered reasonable for him to return there.
Furthermore, it has been established that the creation of strong personal ties and a factual situation worthy
of protection is not required to meet this criterion. Consequently, the application should be rejected as
inadmissible, as the conditions set by the legislation for Türkiye to be considered a "safe third country" for
this particular applicant, according to Article 91 of Law 4939/2022, are cumulatively met”. An appeal has
been filed before the appeals authority and a relevant decision is pending.540
The JMD 42799 of 3 June 2021 declaring Türkiye as a safe third country was amended by Decision No.
458568/2021 (FEK 5949/16-12-2021) to include Albania and Northern Macedonia as safe third countries
for all nationals entering Greece from the countries listed. 541 In December 2022, JMD 734214/6-12-2022
was issued, confirming the continuity and full validity of the amended JMD 542 Respectively, in December
2023, JMD 538595/12-12-2023 (FEK 7063/15-12-2023) was issued, following the 485728/31-10-2023
“Recommendation regarding the establishment of the national list of safe third countries according to
Article 91 Law 4939/2022” of the Director of the Asylum Service, repeating the content of the amended
JMD 543 There have been no subsequent JMDs issued after December 2023 regarding the designation of
safe third countries.544
According to the data released by the ΜοΜΑ for the period from January to December 2024, 2,143 asylum
application were found inadmissible at first instance based on the “safe third country” concept, albeit it is
not specified to what extent these concerned Albania and Norther Macedonia as opposed to Türkiye.
Additionally, 1,167 asylum applications were found inadmissible at second instance based on application
of the same concept, of which 11 concerned Albania, 24 Northern Macedonia and the rest Türkiye.545
538
539
540
541
542
543
544
545
See the CJEU’s judgment in case C-134/23, available here.
Greek Council of Refugees, News from the field - The serious dysfunction of the Asylum Service & the
reception system continues, November 2024, available here
Case represented by GCR before the Appeals Authority.
FEK 5949/16-12-2021, available in Greek at: https://tinyurl.com/5dauc7e8.
JMD 734214/6-12-2022, available in Greek at: https://bit.ly/3TMbGY3.
JMD 538595/12-12-2023 (FEK 7063/15-12-2023), available in Greek at: https://tinyurl.com/2nntzpw6.
MoMA, Decisions on the national list of safe third countries, available in Greek here.
MoMA, Informative Note December 2024 – Appendix A, available at: https://tinyurl.com/yvd7454p, tables 8a
and 8b respectively.
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