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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents