Data on the number of asylum applications submitted by citizens of countries considered as safe countries
of origin throughout 2023 have since not been provided by the MoMA, even though GCR has requested
it on a yearly basis. 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 to by the
MoMA reveals that the specific data are not available for all the relevant countries with the exception of
Pakistan and Egypt. According to Annex A (p.6), 4.077 asylum applications were submitted by Pakistani
nationals and 2.498 by Egyptian nationals.728
According to Art. 88 (7 f) of the Asylum Code, asylum applications of applicants for international protection
coming from “safe countries of origin” are examined under the Accelerated Procedure.
2. Safe third country
The “safe third country” concept is a ground for inadmissibility (see Admissibility Procedure).
According to Article 91 (1) of the Asylum Code, a country shall be considered a “safe third country” for a
specific applicant when all the following criteria are cumulatively fulfilled:
(a) The applicant's life and liberty are not threatened for reasons of race, religion, nationality,
membership of a particular social group or political opinion;
(b) The country respects the principle of non-refoulement, in accordance with the Refugee
Convention;
(c) The applicant is in no risk of suffering serious harm according to Article 15 of IPA;
(d) The country prohibits the removal of an applicant to a country where he or she risks to be subject
to torture or cruel, inhuman or degrading treatment or punishment, as defined in international law;
(e) The possibility to apply for refugee status exists and, if the applicant is recognised as a refugee,
to receive protection in accordance with the Refugee Convention; and
(f) The applicant has a connection with that country, under which it would be reasonable for the
applicant to move to it729.
The transit of the applicant from a third country may, in combination with specific circumstances, in
particular (a) the time of stay there, (b) any contact or objective and subjective possibility of contact with
the authorities, for access to work or granting a right of residence, (c) possible, prior to transit, residence
such as long-term visits or studies, (d) existence of any, even distant, kinship, (e) existence of social or
professional or cultural relations, (f) existence of property, (g) connection with a wider community; (h)
knowledge of the language concerned; (i) geographical proximity of the country of origin, be considered
as the applicant 's connection with the third country, on the basis of which it would be reasonable to move
to it.
The Asylum Code provides the possibility for the establishment of a list of safe third countries by way of
Joint Ministerial Decision.730 On 7 June 2021, a Joint Ministerial Decision of the Deputy Minister of Foreign
Affairs and the Minister of Migration and Asylum was issued, designating Türkiye as “safe third country”
in a national list for asylum seekers originating from Syria, Afghanistan, Pakistan, Bangladesh and
728
729
730
MoMA, Statistics, Consolidated Reports - Overview: December 2023 - International Protection | Appendix A,
available at: https://bit.ly/3TxX9jL.
In case C-564/18 (LH v Bevándorlási és Menekültügyi Hivatal) of 19 March 2020, the CJEU examined the
compatibility of said provision with Article 38(2) of the Recast Asylum Procedures Directive 2013/32/EU and
ruled that ‘the transit of the applicant from a third country cannot constitute as such a valid ground in order to
be considered that the applicant could reasonably return in this country’, available at: https://bit.ly/3w4pWUe.
Moreover, contrary to Article 38(2) of the Directive, national law does not foresee the methodology to be
followed by the authorities in order to assess whether a country qualifies as a ‘safe third country’ for an
individual applicant.
Article 91(3) of the Asylum Code.
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