E. Subsequent applications Indicators: Subsequent Applications 1. Does the law provide for a specific procedure for subsequent applications? Yes No 2. Is a removal order suspended during the examination of a first subsequent application? v At first instance Yes No v At the appeal stage Yes No In some cases 3. Is a removal order suspended during the examination of a second, third, subsequent application? v At first instance Yes No v At the appeal stage Yes No A “subsequent application” is an application for international protection submitted after a final decision has been taken on a previous application for international protection, including cases where the applicant has explicitly withdrawn his/her application and cases where the determining authority has rejected the application following its implicit withdrawal.686 The definition of “final decision” was amended in 2018. According to the new definition, as maintained in the Asylum Code, a “final decision” is a decision granting or refusing international protection: (a) taken by the Appeals Committees following an appeal, or (b) which is no longer amenable by the aforementioned appeal due to the expiry of the time limit to appeal.687 An application for annulment can be lodged against the final decision before the Administrative Court.688 The law sets out no time limit for lodging a subsequent application.689 Subsequent applications are lodged before Regional Asylum Offices (RAO) across the country following appointment given upon preregistration on the Ministry of Migration and Asylum’s electronic platform.690 On this point, it needs to be noted that between May and August 2023, the MoMA’s specific platform was not operating, thus making access to the procedure impossible in practice.691 A subsequent application can also be lodged by a member of a family who had previously lodged an application. In this case, the preliminary examination concerns the potential existence of evidence that justifies the submission of a separate application by the dependent person. Exceptionally, an interview is held for this purpose.692 As per data published by the MoMA,693 a total of 6,321 subsequent asylum applications –38 of which concerning UAM– were registered by the Asylum Service in 2023. This amounts to close to 10% of total applications registered by the GAS during the year (64,212, of which 57,891 were first time asylum applications),694 and marks a close to 24% reduction in subsequent asylum applications compared to the previous year (8,265 in 2022).695 That being said, the aforementioned data does not include information on the type (i.e., first, second or further) of subsequent asylum application registered by the GAS, thus making it impossible to assess the 686 687 688 689 690 691 692 693 694 695 Article 1(κδ) of Asylum Code. Article 1(κδ) of Asylum Code. Article 114 (1) of Asylum Code. Article 94 of Asylum Code. The relevant platform can be accessed at: https://bit.ly/3Jyqp44. As per information shared during the 27 September 2023 National Protection Working Group, which is organised and chaired by UNHCR, and currently co-chaired by GCR. Also see GCR, Submission of the Greek Council for Refugees to the Committee of Ministers of the Council of Europe concerning the groups of cases of M.S.S. v. Greece (Application No. 30696/09) and Rahimi v. Greece (8687/08), July 2023, available at: https://tinyurl.com/4xu8c7r8, 6. Article 94(5) of Asylum Code. MoMA, Statistics, Consolidated Reports - Overview: December 2023 - International Protection | Appendix A, available at: https://bit.ly/3TxX9jL, tables 8c and 8f. Ibid. AIDA, Country Report Greece: 2022 Update, June 2023, available at: https://bit.ly/3PUOVk9, 121. 148