Appeals Committee took into consideration that the applicants: “(i) despite having stayed in Turkey for a
period of approximately five (5) months, they were only able to work for a few days and without receiving
any payment; (ii) they do not have a family or friends support network in Turkey, which could assist them
on their return; and (i) although they have attempted to apply for international protection, the Turkish
authorities have refused to receive the application, the Commission considers that, in the applicants' case,
the legally required link is not established on the basis of which it would be reasonable for them to go to
Turkey [...] In view of required cumulative fulfilment of each of the criteria laid down in the law, the Turkey
cannot be regarded as a safe third country for the applicants.”
3.4. Legal assistance
Indicators: Admissibility Procedure: Legal Assistance
Same as regular procedure
1. Do asylum seekers have access to free legal assistance during admissibility procedures in
practice?
Yes
With difficulty
No
v Does free legal assistance cover:
Representation in interview
Legal advice
2. Do asylum seekers have access to free legal assistance on appeal against an inadmissibility
decision in practice?
Yes
With difficulty
No
v Does free legal assistance cover
Representation in courts
Legal advice
Legal Assistance in the admissibility procedure does not differ from the one granted for the regular
procedure (see section on Regular Procedure: Legal Assistance). Thus, asylum seekers do not have
access to free legal assistance during the admissibility procedures at first instance but only at second
instance.508 The lack of legal assistance has proven particularly problematic, especially for cases falling
under the JMD designating Türkiye as a safe third country. While legal aid services are provided at second
instance, meaning the submission of an appeal against the first instance negative decision on
admissibility, the ten-day deadline for the submission of the appeal following the notice of an
inadmissibility decision is not, in any case, adequate for asylum applicants, nor for the registry lawyers to
be properly prepared for the appeal procedure and prepare an effective representation before the Appeals
Authority.
3.5. Suspension of returns for beneficiaries of protection in another Member
State
According to Dublin III Regulation, a Member State may send a take back request (Articles 18(1b-d) and
20(5)) asking another Member State to take responsibility for an applicant who applied for international
protection within the reporting country but had already applied in the first Member State or because the
other Member State previously accepted responsibility through a take charge request.
Data on outgoing “take back” requests and relevant positive decisions per Member State have not been
provided by the MoMA, even though GCR has requested it. Instead, following the latest such request sent
by GCR in January 2024, the MoMA replied by referring GCR to the Ministry’s website “and in particular
at the link https://migration.gov.gr/statistika/ [where] the monthly newsletters are published, alongside
relevant annexes, which include summary and detailed statistical data on the work of the First Reception
Service, the Asylum Service and the Appeals Authority […]”. Yet a closer look at the public sources
referred by the MoMA highlights that the specific data is not available.
508
Art. 76 of the Asylum Code.
108
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