allegations put forward in this application do not constitute new material elements in relation to the earlier application, since the applicant had also put forward the above-mentioned grounds in her earlier application and those grounds had already been assessed and considered by the competent authorities in the earlier procedure. However, after the discussion of the application, the applicant submitted the ...2023 act of the Athens District Attorney, by which she was classified as a "victim of trafficking in human beings" in accordance with the provisions of Article 1(k) of Law 4251/2014 in conjunction with Article 1(2) of Law 233/2003. 10 This is indeed new evidence, as it was issued after the applicant's subsequent application for international protection. (…) Ιit is also material in the above sense as it may, under certain conditions, reopen the procedure for examining the application for asylum, because it is sufficiently different from those previously submitted, and a reasonable belief is created that it could lead to the recognition of international protection status, despite the final rejection of the previous application. The 18th Appeals Committee in its decision ΙΡ/783018/2024 noted “an examination of the information in the file shows that the possibility of the applicant's readmission to Turkey was not considered when his earlier application was examined. The fact that it was found that it was objectively impossible to readmit the applicant for international protection to Turkey because of the latter's refusal to admit him to its territory constitutes a new essential element in this case, since it precludes the application of the concept of a safe third country as a ground for inadmissibility of the application.” In its decision IΡ/92550/2024 AAU of Amigdaleza noted that: A comparative examination of the applicant's earlier and later application shows that the elements mentioned by the applicant in his later application, namely that his family is in danger because of a match of his sister which did not take place, cannot be considered as new, (…) although the reasons why the applicant does not wish to return to his country of origin have been mentioned and examined by the Competent Authorities during the examination of his previous application, the Service considers that his application requires further examination due to the changed situation in Afghanistan. These positive decisions, issued during 2024, are selected indicatively among cases represented by GCR and published in the Greek Asylum Case Law Report.780 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.781 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.782 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’.783 Any new submission of an identical subsequent application is dismissed as inadmissible.784 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.785 780 781 782 783 784 785 The report is prepared and updated by the NGOs RSA, GCR and HIAS Greece, available in Greek at https://bit.ly/44jLjO3. 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. 154