Greece - 9th Appeals Committee, Decision 15602/2017, 29 September 2017

The Appeals Committee recalled the requirement of a sufficient connection between an applicant and a third country for the “safe third country” concept to be applicable, under Article 56((1)f) L 4375/2016. In line with the Greek Council of State ruling 2347/2017, it held that transit through a third country, in conjunction with specific circumstances such as the length of stay of the geographical proximity of the country to the country of origin, may form a sufficient connection.

Transit per se, without the fulfilment of those specific conditions, may not be a coherent connection to a safe third country. The Committee added that the geographical proximity of a country to the country of origin cannot in itself justify a sufficient connection, in the absence of conditions such as a reasonable period of stay of the existence of a supporting network. To rule the contrary – that “transit” may solely be accompanied by proximity to the country of origin – would in fact result in asylum applications not being examined on an individualised basis, as expressly required by the law, but in all nationals of a country with such a “neighbouring third country” being treated in the same manner.

Since the applicant’s stay in Turkey was very short, not exceeding eight days, and no supporting friendly network exists, there is no coherent connection with Turkey based on which it would be reasonable for the applicant to relocate there. Accordingly, the Appeals Committee found that the application had been unlawfully dismissed as inadmissible by the Regional Asylum Office of Samos based on the existence of a safe third country.