v Second instance procedure: Most appeals are rejected at second instance. Out of the total inmerit second instance decisions issued in 2023 (7,605), 8.6% resulted in granting of refugee
protection, 3% resulted in granting (and/or maintaining a first instance decision granting)
subsidiary protection and the rest (88.4%) were negative. During the same period, 1,523 appeals
were rejected as “inadmissible” (late appeals) without an in-merit examination, due to the fact that
the appellants did not comply with the obligation of an in-person appearance of the appellant or
their appointed lawyer before the Committee, or to present a certification of residence to the
Committee, which constitutes a disproportionate administrative burden imposed to the appellants.
Appeals against decisions rejecting the application in the accelerated procedure or as
inadmissible under certain grounds do not have automatic suspensive effect, despite the fact that
these decisions also incorporate a return decision with immediate effect.
v Dublin: During 2023, transfers of asylum seekers, including unaccompanied minors, in the
context of family reunification ("Dublin III") were suspended due to the termination of the contract
for the provision of air transport services and the delay of the procedure for the conclusion of the
new one between the Department of Immigration and Asylum and the travel agency. Following a
report from an accommodation Structure for unaccompanied minors and the intervention of the
Greek Ombudsman, the process was completed and transfers restarted. During May and June
2023, 66 outgoing transfers were implemented under the Dublin procedure. Data for the rest of
the year is not available due to the upgrade of the computer system carried out by the Services
of the Ministry of Immigration and Asylum.
v Safe third country inadmissibility: In 2021, Greece designated via JMD Türkiye as a “safe third
country” for asylum seekers originating from Syria, Afghanistan, Pakistan, Bangladesh and
Somalia, despite the fact that no readmissions to Türkiye have taken place since March 2020. As
a result, applications for international protection lodged by persons impacted by this decision
throughout the Greek territory (borders and mainland) are examined under the safe third country
concept and not on the basis of the individual risks they face in their country of origin (in-merits
examination). Moreover, and as no readmission takes places, refugees whose applications have
been/are rejected as inadmissible based on the “safe third country” concept end up in a state of
legal limbo in Greece, and are exposed to a direct risk of destitution and detention, without access
to an in-merit examination of their application. Following an Application for Annulment lodged by
GCR and RSA before the Council of State, in February 2023, the Council of State decided to refer
a question to the Court of Justice of the European Union for a preliminary ruling on the
interpretation of article 38 of 2013/32/EU Directive, which was discussed at an oral hearing before
the CJEU on 14 March 2024.
In 2023, 4,773 inadmissibility decisions were issued in application of JMD 734214/06.12.2022 on
safe third countries, of which 3,454 at first instance and 1,319 at second instance (82 of which
concerned Albania and North Macedonia), despite the suspension of readmissions to Türkiye.
Contrary to Art. 38 (4) of the Asylum Procedures Directive, applicants are not provided with an in
merits examination. As stated repeatedly by the EU Commission, ‘to the extent the applicant is
not permitted to enter the territory of the safe third country, in particular if the underlying situation
preventing entry persists since 2018 or 2020, the Member State shall ensure, in accordance with
the Asylum Procedures Directive, that access to a procedure is given to the applicant’.
v Identification of vulnerability: The low quality of the medical and psychosocial screening
process (if any) has remained a source of serious concern with regards to the identification of
vulnerabilities on the islands. Vulnerabilities are often missed, with individuals going through the
asylum procedure without having their vulnerability assessment completed first. No public health
structures specialised in identifying or assisting torture survivors in their rehabilitation process
exist across the country.
Reception conditions
v Freedom of movement: Asylum seekers subject to the EU-Türkiye statement, i.e. arriving on
Greek islands, are subject to a geographical restriction (geographical limitation) order, which
24
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents