Ministry of Migration and Asylum to present […] monthly reports of the Ministry of Migration and Asylum
do not disaggregate first and second instance decisions by country of origin. However, detailed figures by
country and type of decisions have been secured through parliamentary questions.740
According to MoMA Statistics, in 2023, 4.773 inadmissibility decisions were issued in application of JMD
734214/06.12.2022, of which 3,454 first instance inadmissibility decisions and 1.319 second instance
inadmissibility decisions (1.237 inadmissibility decisions-border procedure- “safe third country”, 25
inadmissibility decisions- border procedure – “safe third country” Albania and 57 inadmissibility decisionsborder procedure-“safe third country” North Macedonia).741
The criteria provided by the Asylum Code are to be assessed in each individual case, except where a
third country has been declared as generally safe in the national list.742 Such provision seems to derogate
from the duty to carry out an individualised assessment of the safety criteria where the applicant comes
from a country included in the list of “safe third countries”, contrary to the Directive and to international
law. Even where a country has been designated as generally safe, the authorities should conduct an
individualised examination of the fulfilment of the safety criteria. Moreover, there should be a possibility
to challenge both the general designation of a country as safe and the application of the concept in an
individual case.743
Up until the end of 2020, the safe third country concept was only applied in the context of the Fast-Track
Border Procedure under Article 84 IPA, previously in force, to those who entered Greece after 20 March
2016 via the Greek Aegean islands and under a measure of geographical restriction. It should be noted
that the concept was only applies to Syrian nationals.
Since June 2021, all applications for international protection submitted by nationals of Syria, Afghanistan,
Somalia, Pakistan and Bangladesh throughout the Greek territory are examined under the safe third
country concept pursuant to JMD 42799/2021, as amended by JMD 485868/2021 and 734214/2022.
Based on this new policy, asylum applications of people from the aforementioned five nationalities are not
examined on the basis of their individual circumstances and the risks they face in their country of origin.
Instead, they are presumed to be safe in Türkiye, and only if Türkiye is proven not to be safe, these
applications are deemed ‘admissible’, and the competent decision authorities proceed to the examination
of the applications for international protection on the merits. Three out of the five nationalities mentioned
in the JMD 42799/03.06.2021 are amongst those with the highest recognition rate in Greece. In 2020,
before the adoption of said JMD, 92% of Syrians, 66% of Afghans, and 94% of Somalis (median
acceptance rate: 84%) received refugee or subsidiary status. However, since the JMD, rejections have
increased significantly.744
In addition to the above, according to the official statistics of the Ministry of Migration and Asylum
published in December 2023, ‘Returns under the EU - Türkiye Joint Declaration have not been made
since March 2020 due to Covid-19. It should be noted that despite the lifting of the Covid-19 measures
the requests of missions-returns of the Greek authorities have not been answered’.745
Furthermore, the suspension of returns/readmissions under the EU-Türkiye Statement is publicly
acknowledged by both the European Commission and the relevant Ministers of the Greek government.746
740
741
742
743
744
745
746
RSA, The Greek asylum procedure in figures in 2022, Analysis of main trends in refugee protection, available
at: https://bit.ly/4482hhP, p. 2.
MoMA, Statistics, available at: https://bit.ly/3zjCd8o, p.8-9.
Article 91(2) of the Asylum Code.
RSA, RSA Comments on the International Protection Bill, October 2019, available at: https://bit.ly/3eqsDC0,
pp. 4-5.
GCR, EU-Türkiye Statement: Six years of undermining refugee protection, 8 NGOs warn that policies
implemented in Greece keep displaced people from accessing asylum procedures, despite clear need of
protection, available in Greek at: https://bit.ly/3tMP7GU, p. 1.
MoMA, Report A, December 2023, available in Greek at: https://bit.ly/3w8FN4f, p. 19.
European Commission, Türkiye Report 2021, SWD(2021) 290, 19 October 2021, available at:
https://bit.ly/3DiPMTP, p. 48; Reply to parliamentary question, Answer given by Ms Johansson
on behalf of the European Commission, Question reference: P-000604/2021, 1 June 2021, available at:
156
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