As per data that has become available in the context of parliamentary scrutiny,435 a total of 310 oral hearings were conducted throughout 2024. This amounts to less than 2.5% of the 12,911 second instance decisions issued during the year. No statistical information is available for 2025. Article 111 of the Asylum Code prohibits the Appeals Committee from reverting a case to the Asylum Service for a new first instance interview. In cases, however, where the Appeals Committee considers it necessary to hold an interview, the law provides that the interview shall be conducted by the Committee itself, in accordance with the provisions of Article 82. 436 The Council of State held that the above provision on the prohibition of reverting cases back to the Asylum Service is compliant with Directive 2013/32/EU, since the interview conducted by the Appeals Committee with the applicant ensures the respect of requirements and guarantees provided in the Directive for the personal interview. 437 Obligation of the Appellant to be present before the Appeals Committees on the day of the examination: Despite the fact that the procedure before the Appeals Committees remains written without hearings as a rule, Articles 102(2) and 83(3) of the Asylum Code impose an obligation on the appellant to personally appear before the Appeals Committee on the day of the examination of their appeals on penalty of rejection of their appeal as manifestly unfounded.438 This is an obligation imposed on the appellant even if s/he has not been called for an oral hearing, though exceptions are provided where: a) The appellant resides in a RIC or Accommodation Centre, in which case a written certification of the Head of the RIC or the Accommodation Centre can be sent to the Committee prior to the date of the examination, certifying that s/he remains there. This certification must be issued no more than three days prior of the examination of the appeal. 439 b) A geographical limitation or an obligation to reside in a given place of residence has been imposed on the appellant, in which case a declaration signed by the appellant and verified by the Police or the Citizens Service Centre (KEP), can be sent to the Appeals Committee, prior to the date of the examination. This signed declaration and the authentication of the appellant’s signature upon the document must be issued no more than three days prior to the examination of the appeal. 440 In both cases, Article 83(3)(β) Asylum Code provides that if the aforementioned certificates are not received by the Appeals Authority, the applicant shall be deemed to have implicitly withdrawn their appeal in accordance with the provisions of Article 86 Asylum Code. Alternatively, in both cases, the appellant’s lawyer or other authorised adviser can instead appear before the Committee on behalf of the appellant. This possibility is subject to the appellant having such an authorised representative. Lastly, the appellant’s obligation to present themselves before the Appeals Authority is temporarily suspended in case of force majeure, such as serious illness or serious physical disability, which makes it impossible for the appellant to appear in person, for as long as the grounds constituting force majeure remain in effect. In such a case, the appellant must submit a request, citing in a concrete manner the grounds amounting to force majeure or insurmountable impediment which makes it impossible for them to appear in person, and must immediately substantiate their allegation through written evidence and relevant certificates or a certificate from a public authority. Where it is established that these grounds exist, and provided that the applicant appears in person before the competent authorities, the consequences of the prior failure to appear are waived.441 Evidently, these provisions impose an unnecessary administrative obligation (in-person appearance of the applicant/lawyer as well as submission of extra certifications) and a disproportionate “penalty”, as the 435 436 437 438 439 440 441 See RSA, Asylum procedure statistics in Greece 2024: Four in five asylum applications granted, 5 May 2025, available at: https://tinyurl.com/3nnbb7dh, p.12. Article 111 Asylum Code. Council of State, Decision Nr. 689/2021, March 2021. Article 102(2) Asylum Code. Article 83(3)(α) Asylum Code. Article 83(3)(β) Asylum Code. Article 83(4) Asylum Code. 93