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12/06/2023
EL: The 15th Appeals Committee ruled that Türkiye was not a safe third country for an Afghan father and his child who had not applied for international protection there and thus could not access healthcare services, education or employment, and where there were no prospects of family reunification.
12/06/2023
EL: The 15th Appeals Committee ruled that Türkiye was not a safe third country for an Afghan father and his child who had not applied for international protection there and thus could not access healthcare services, education or employment, and where there were no prospects of family reunification.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
Recast Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) (recast APD) and/or APD 2005/85/CE
Reference
Greece, Independent Appeal Committee, Applicant v Regional Asylum Office of Lesbos, No 300763/2023, 12 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=3638
Case history
Other information
Abstract

The applicant, an Afghan father who also represented his minor child, applied for international protection in Greece. His application was rejected by the authorities, who considered Türkiye as a safe third country in their case. The applicant appealed against this decision before the 15th Appeals Committee.


The committee observed that he had not had the possibility to apply for international protection in Türkiye and that the applicant and his child therefore had no access to healthcare services, education or employment there. Recalling that there were no opportunities for family reunification in Türkiye, the committee added that the applicants did not have a sufficient connection with the country, which could reasonably justify their return there. Therefore, the Appeals Committee annulled the authorities' decision and ordered them to hold another interview with the applicant, as the first one had only covered admissibility issues.
Country of Decision
Greece
Court Name
EL: Independent Appeal Committee
Case Number
No 300763/2023
Date of Decision
12/06/2023
Country of Origin
Afghanistan
Keywords
Asylum Procedures/Special Procedures
Safe third country