Appeals Committees have continued to dismiss alleged infringements of Article 72(3) Asylum Code
stemming from the failure of the Asylum Service to exempt the applicant from the fast-track border
procedure, on the ground that the appellant has not demonstrated procedural damage (δικονομική
βλάβη). The position of the Appeals Committees remains incompatible with the case law of administrative
courts, according to which failure to refer such cases to the regular procedure unlawfully circumvents the
special protection afforded by law to vulnerable groups.
Illustrative of the above is a decision issued by the Supreme Administrative Court of Pireus (decision
Α65/2023) in the case of a vulnerable woman from Iraq, whose decision recognizing her vulnerability and
referring her to the normal procedure was not taken into consideration by the Asylum authorities, even if
it was issued before the issuance of 1st instance decision rejecting her asylum application. According to
the Court: “the legislator establishes special treatment for applicants for international protection, who are
proven to belong to the category of vulnerable persons. [...] the applicant's application for international
protection was referred to the normal procedure, as it was judged that she [...] suffers from a mental
illness. Both the Regional Asylum Office of Lesvos, which examined in first instance her application for
the granting of international protection, issuing its decision [...] after the issuance of the above decision,
as well as the Independent Appeals Authority that examined her appeal, should have refrained from
issuing a decision and refer the case back to the competent authorities, in order to re-examine the asylum
request, based on the guarantees of the normal procedure (longer deadline, possible search for legal
assistance), after conducting a new interview of the applicant by an employee of the Asylum Service
specialized in vulnerability issues [...]”659.
Unaccompanied children below the age of 15, as well as unaccompanied children who are victims of
trafficking, torture, rape, or other forms of serious psychological, physical and sexual violence, are always
processed under the regular procedure.660 For those aged 15 or over who are not victims of trafficking,
torture or violence, exemption from special procedures depends on the individual grounds applied by the
authorities in each case:661
Exemption of unaccompanied children aged 15 or over from special procedures
Accelerated procedure
Ground
Claim unrelated to protection
Border and fast-track border procedures
√
Ground
Protection in another Member State
√
Safe country of origin
x
First country of asylum
√
False information or documents
√
Safe third country
X
Destruction or disposal of documents
√
Subsequent application
X
Clearly unconvincing application
√
Application by dependant
√
Subsequent application
x
Claim unrelated to the protection
√
Application to frustrate return proceedings
√
Safe country of origin
X
Application not as soon as possible
√
False information or documents
X
Refusal to be fingerprinted under Eurodac
√
Destruction or disposal of documents
X
Threat to public order or national security
x
Clearly unconvincing claim
√
Refusal to be fingerprinted under national law
√
Application to frustrate return proceedings
√
Vulnerable person
√
Application not as soon as possible
√
Refusal to be fingerprinted under Eurodac
√
Threat to public order or national security
X
Refusal to be fingerprinted under national law
√
Vulnerable person
√
659
660
661
Decision A65/2023 of the Supreme Administrative Court of Pireus in GCR/HIAS/RSA, Δελτίο Νομολογίας
Ασύλου 1/2023, June 2023, pp. 26-27, available at: https://bit.ly/4bbuWWd. The case was legally supported
by GCR.
Article 80(7) of the Asylum Code.
Articles 88(10) and 95(4) of the Asylum Code.
143
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