The Council of State in Athens has overturned a government decision that classified Turkey as a safe third country. This classification was jointly issued by the Minister of Foreign Affairs and the Minister of Migration and Asylum. The ruling was made in a closed session and passed by a majority vote. Michalis Pikramenos, President of the Supreme Administrative Court, stated that the court determined the government had not provided adequate documentation to support its decision.
According to the Council’s ruling, the government cannot return asylum seekers from five specific countries to Turkey. These refugees enter Greece through Turkish territory, but Greek immigration authorities must assess each case individually, particularly since Turkey currently refuses to accept their return.
Greek authorities cannot reject international protection applications from individuals coming from Syria, Afghanistan, Somalia, Bangladesh, and Pakistan. However, this does not imply that all applications will be automatically accepted; each application must be reviewed individually. International protection seekers will remain in Greece until their applications are assessed and a decision is made—either to accept the application or to reject it, which would require returning the individual to their country of origin.
In February, the Greek Council of Ministers decided to create a list of countries deemed safe third countries, which includes Turkey. Additionally, the Council reviewed decisions made by the Independent Appeals Committees that had rejected asylum applications due to Turkey’s classification as a safe third country.
The Court of Appeal ruled that the Greek government failed to provide sufficient justification and documentation to classify Turkey as a safe third country for these groups of foreigners. Additionally, the Head of the Asylum Service’s recommendation did not accurately assess the necessary legal criteria. As a result, the court unanimously overturned the Independent Appeals Committees’ decisions, which had rejected Afghan asylum applications based on Turkey’s designation as a safe third country.
The Court noted that Turkey has suspended the return of asylum seekers to its territory since 2020. Additionally, the Court referenced a ruling from the European Court of Justice in October 2024, which determined that Greece cannot reject international protection applications solely because Turkey is classified as a safe third country.
