Greece Designates Turkey As A “Safe Third Country” For Asylum Seekers
On 7 June 2021 the Greek government designated Turkey a “safe third country” for asylum seekers from Syria, Afghanistan, Pakistan, Bangladesh, and Somalia. The Greek government believes that these individuals are not in danger in Turkey and are therefore not in need of protection in Europe. The “safe third country” concept enables the Greek government to rapidly reject asylum applications of nationals from these countries as being inadmissible on the grounds that Turkey is safe. Subsequently, asylum seekers who came to Greece from Turkey can be deported back to Turkey without consideration of the merits of their claim.
40,560 asylum applications were registered in Greece in 2020. 66% of these applications came from nationals of Syria, Afghanistan, Pakistan, Bangladesh, and Somalia. Designating Turkey as a safe third country will leave thousands of asylum seekers in legal precarity, with many facing deportation. This move has been heavily criticised by a number of human rights NGOs, which align with the UN High Commissioner for Refugees in arguing that “externalization simply shifts asylum responsibilities elsewhere and evades international obligations”.
THE “SAFE THIRD COUNTRY” CONCEPT – IS TURKEY “SAFE”?
Under article 33(2)(c) of the Asylum Procedure Directive (APD), an EU member state can consider an asylum application inadmissible where the individual could have found protection in a safe third country. Therefore, an EU member state can refuse to assess the merits of an asylum application on the basis that another country is responsible for such. Article 38 of the APD provides the requirements that must be satisfied before a third country can be deemed safe. These include that the “life and liberty [of the asylum seeker] are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion,” and that there is the possibility “to request refugee status and, if found to be a refugee, to receive protection”. Additionally, a connection between the asylum seeker and the third country must exist, and a case-by-case examination of whether the asylum seeker will be safe in the third country is required (as per article 38(2)(b)).
Human rights NGO Fenix argues that the classification of Turkey as a safe third country is incompatible with the APD. There are a number of reasons for this, including “the arbitrary discretion in the registration of the application of international and temporary protection,” which means that often the right to asylum is not recognised. In addition, there have been reported instances of “arbitrary detention and illegal deportations” and a “lack of access to housing and medical care”. Further, Fenix argues that the Greek government, contrary to article 38(2) of the APD, “did not establish on the grounds of national law the methodological rules for the individual assessment of the [safe third country] concept to the specific case”.
“ANOTHER STEP” FOR THE EU-TURKEY DEAL
The designation builds on the 2016 deal between the EU and Turkey, which aimed to control the number of refugees and migrants crossing from Turkey to Greece. The deal externalised the EU border, and limited the number of people arriving in Europe. Under the deal, Turkey agreed to take back Syrian refugees who had arrived irregularly to Greece. For each individual who returned, an EU member state would admit one Syrian refugee from Turkey. In addition, the EU provided much-needed financial aid to Turkey in order to support Turkey’s provision for asylum seekers.
The Greek Migration Minister described the designation as “another step for the full and unwavering implementation of the EU-Turkey Joint Declaration,” as it contributes to “the fight against illegal migration and criminal activities by smugglers”.
The impact of the designation remains to be seen, as, since March 2020, Turkey has suspended all returns from Greece due to the ongoing COVID-19 pandemic. Returns have not recommenced, despite calls from Greek and European authorities. In January 2021, Greece relied on the safe third country concept to request the deportation of 1,450 asylum seekers to Turkey. Yet, despite Turkey’s agreeing to receive the individuals, no deportations have taken place.
NEXT STEPS
The June 2021 designation will result in many more applications being declared inadmissible. This will exacerbate the existing situation of delayed deportations, perpetuating the legal uncertainty individuals face and prolonging their detention in Greece. The designation means that the number of asylum seekers receiving international protection in Greece will be extremely low, and the number of asylum seekers who may be deported risks overwhelming the Turkish authorities. This is particularly concerning as it may result in a crisis situation generating further human rights abuses.
A number of human rights NGOs have called for the Greek and European authorities not to shirk their responsibility to protect refugees. In order to adequately respect and protect human rights, in line with its international obligations, Greece should revoke the designation of Turkey as a “safe third country”.
Shannon is an LLB Law with Politics graduate from Queen's University Belfast. Since graduating she has worked for Allen & Overy LLP, where she sits on the Pro Bono Committee. As the Project Coordinator for A&O's Pro Bono partnership with the AIRE Centre, she facilitates a letter writing initiative in order to promote awareness of legal rights and assist people in vulnerable circumstances to assert those rights.