Under Article 54 L 4375/2016, an application can be considered as inadmissible on the following grounds:
Another EU Member State has granted international protection status or has accepted responsibility under the Dublin Regulation;
The applicant comes from a “safe third country” or a “first country of asylum”;
The application is a subsequent application and no “new essential elements” have been presented;
A family member has submitted a separate application to the family application without justification for lodging a separate claim.
The same grounds for admissibility apply also under the Old Procedure under PD 114/2010.
The conduct of an interview on the admissibility procedure varies depending on the admissibility ground examined. For example, according to Article 59 L 4375/2016, as a rule no interview is taking place during the preliminary examination of a subsequent application.1 In Dublin cases, an interview limited to questions on the travel route, the family members’ whereabouts etc. takes place (see section on Dublin: Personal Interview). Personal interviews in cases examined under the “first country of asylum” / “safe third country” focus on the circumstances that the applicant faced in Turkey.
An appeal against a first instance decision of inadmissibility may be lodged within 15 days,2 instead of 30 in the regular procedure. Under the border procedure the appeal may be lodged within 5 days.3 The appeal has automatic suspensive effect.
Legal Assistance in the admissibility procedure does not differ from the one granted for the regular procedure (see section on Regular Procedure: Legal Assistance).
- 1. According to the second limb of Article 59(2), “Exceptionally, the applicant may be invited, according to the provisions of this Part, to a hearing in order to clarify elements of the subsequent application, when the Determining Authority considers this necessary”.
- 2. Article 61(1)(b) L 4375/2016 and Article 25(1)(b) PD 114/2010 for the Old Procedure.
- 3. Article 61(1)(c) L 4375/2016.