The right to remain in the country is revoked once the second instance decision is issued, irrespective of
when the decision is communicated.450 As noted by UNHCR:451
‘UNHCR is concerned that such amendment would allow for the removal of a person from the
territory before a second instance decision is notified to him/her. The parallel notification of a
negative appeal decision is also undermining the right to judicial protection […], as persons whose
claims are rejected will not be able to submit an application for annulment or an application for
suspension in practice, which could ultimately lead to a violation of the principle of nonrefoulement. The deprivation of legal stay before a notification of a negative decision has further
premature negative repercussions on the enjoyment of the rights of asylum applicants from which
they are to be excluded only following the notification of negative decision (e.g. the right to shelter
and cash assistance).’
Individuals whose asylum applications are rejected at second instance no longer have the status of
“asylum applicant”,452 and thus do not benefit from reception conditions.
450
451
452
Article 110 (1) Asylum Code.
UNHCR, UNHCR Comments on the Draft Law ‘Improvement of Migration Legislation, amendment of
provisions of Laws 4636/2019 (A' 169), 4375/2016 (A' 51), 4251/2014 (A' 80) and other Provisions, 12 June
2020, available here, p. 9.
Article 1(c) Asylum Code.
95