on the initial application for international protection… Following these, the subsequent application for international protection of the applicant was rejected illegally ...”. The 10th Appeals Committee noted in its 65554/2023 Decision that “because, from the comparison of the reasons raised with the applicant's applications for international protection in ...2020 and ...2022, it appears that the reason cited in his application in ...2022 regarding the fact that in his country he will not be able to receive appropriate medical treatment for the mental illness from which he suffers in conjunction with the submitted medical opinions and medication prescriptions, which were issued after the ... decision of the 9th Independent Appeals Committee (by which was rejected at second instance his application of ...2020), is a new and substantial element, able to restart the examination procedure of his request. Following these, the applicant's application for international protection of …2022 is deemed admissible.” In its 174800/2023 Decision, the RAO Crete noted that “In conclusion, when evaluating and comparing what the applicant initially stated and what she stated in the subsequent application, in combination with the information on the applicant's country of origin, it appears that the information cited in the subsequent application is new, as not only the phone numbers of the applicant's relatives are being monitored so she cannot contact them, but also human rights violations of those who oppose the government have been systematically intensified.” In its 83587/2023 Decision, the RAO Thessaloniki noted that “The applicant claims in his subsequent application that Türkiye is not safe for him because after the rejection of his first application by the Greek authorities he returned to Turkey and was imprisoned by the Turkish army with the intention of deporting him. From the comparative examination of the applicant's earlier and later application and from his relevant statements before the competent examination authorities regarding the reasons why he does not wish to return to Turkey, it emerges that the reasons presented are new and substantial elements as they relate to events that arose after the... decision of the Appeals Authority. With regard to the condition of the law as to whether these elements are substantial, the Service considers that these elements are substantial, taking into account the personal circumstances of the applicant, i.e. his vulnerability that arose in Greece (possible victim of trafficking) because they significantly increase the possibility that Türkiye is not considered safe in view of the applicant's situation.” Above positive decisions issued during 2023 are selected indicatively among cases represented by GCR and published in the Greek Asylum Case Law Report.701 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 seeker’s card”. If no such elements are identified, the subsequent application is deemed inadmissible.702 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.703 However, as mentioned, applicants do not receive an asylum seeker’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 seeker 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’.704 701 702 703 704 The report is prepared and updated by the NGOs GCR, RSA and HIAS Greece, available in Greece at https://bit.ly/44jLjO3. Article 94(4) of Asylum Code. Article 94(9) of Asylum Code. Article 94(9) of Asylum Code. 150

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