According to Article 25 (P.D. 114/10), each Appeal Committee shall summon the appellant, who shall be
informed at least five days in advance and in a language that they understand of the place and date of
the examination of their appeal as well as of their right to appear before the Committee in person, alone
or with their lawyer or other counsellor, to state orally, with the assistance of an interpreter, their
arguments and to give clarifications or present any additional elements. The decision of the Appeals
Committees shall be served to the appellant according to the provisions of Article 7 (P.D.114/2010) and
shall be notified to the Minister of the Citizen Protection.
A decision rejecting the administrative appeal at the Appeal’s Boards must also set a specified timeframe of no more than ninety days for the applicant's departure from the Greek territory. The asylum
seeker as well as the Minister of the Citizen Protection shall have the right to request the annulment of
the decision of the Appeals Committees, before the Administrative Court of Appeals.
The filing of such request does not automatically suspend the measures of removal of the applicant
taken with the rejection of the appeal at the Appeal’s Boards. Moreover, access to judicial review (on
points of law) before this Administrative Court of Appeals is limited by a number of practical and legal
obstacles, which undermine the effectiveness of the remedy. These include:
Complicated procedural rules for submitting applications for annulment of negative decisions of
the Appeal Boards. The applications must be well substantiated, written in Greek and
subscribed by a lawyer.
Court decisions on a request for temporary suspension of execution of the challenged decision
may take 10 days to 4 months, leaving the applicant without protection against deportation
during that time; it is up to the applicant to request this suspension.
Although free legal aid should be provided according to the law, the system does not function in
practice, as there are gaps in coverage of expenses and huge delays in paying the lawyers for
their work under legal aid. As a result, relatively few lawyers are willing to be included in the free
legal aid list of the Lawyers’ Associations.
With regard to lodging an appeal with the Appeals Committee, no legal obstacles have been observed
thus far. However, given that the establishment of these Committees is fairly recent and that in May
2013 operations have been temporarily suspended, they cannot be considered to function in a
satisfactory way.
Personal Interview
Indicators:
-
-
Is a personal interview of the asylum seeker systematically conducted in practice in the regular
procedure?
Yes
No
o If so, are interpreters available in practice, for interviews?
Yes
No
In the regular procedure, is the interview conducted by the authority responsible for taking the
decision?
Yes
No
Are interviews ever conducted through video conferencing?
Yes
No
According to the law, before a decision is taken at first instance by the Ministry of the Citizen Protection,
a personal interview should be conducted with the applicant by an official with the rank of officer of the
Police Department, competent to examine, appointed to this purpose. The official recommends the
decision to the Ministry of Citizen Protection after having completed a report of the interview. The
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