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16/06/2023
EL: The 10th Appeals Committee ruled that Türkiye could not be considered a safe third country for an Afghan applicant who did not enter Greek territory through the Eastern Aegean islands and also considering the unilaterally suspended readmissions in 2020 by Türkiye.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE
Reference
Greece, Independent Appeal Committee, Applicant v Independent Asylum Unit of Xanthi, No 312252/2023, 16 June 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3637
Case history
Other information
Abstract

The applicant, an Afghan national, applied for international protection in Greece. His application was rejected by the authorities, who considered that Türkiye was a safe third country in his case. The applicant contested this decision before the 10th Appeals Committee. In its decision, the committee noted that Türkiye had unilaterally suspended readmissions provided for in the EU-Turkey Statement since 16 March 2020. Moreover, it put forward that the police had issued a document stating that the applicant's case was beyond the scope of the EU-Turkey Statement as he did not enter Greek territory through the Eastern Aegean islands. The committee therefore concluded that Türkiye did not meet the necessary requirements to be considered a "safe third country" in this case. Thus, it annulled the contested decision and ordered that the applicant be heard by the authorities again, as his first personal interview had only covered the admissibility of his application.


Country of Decision
Greece
Court Name
EL: Independent Appeal Committee
Case Number
No 312252/2023
Date of Decision
16/06/2023
Country of Origin
Afghanistan
Keywords
Asylum Procedures/Special Procedures
Safe Country concept/Safe Country of Origin/ Safe third country