1.4.2. Judicial review
Applicants for international protection may lodge an application for annulment (αίτηση ακύρωσης) of a
second instance decision of the Appeals Committees solely before the Administrative Court of First
Instance of Athens or Thessaloniki,458 within 30 days from the notification of the decision. 459
According to the IPA,460 following the lodging of the application for annulment, an application for
suspension/interim order can be filed. The decision on this single application for temporary protection
from removal should be issued within 15 days from the lodging of the application.
The effectiveness of these legal remedies is severely undermined by a number of practical and legal
obstacles:
❖ The application for annulment and application for suspension/interim order can only be filed by a
lawyer. In addition, no legal aid is provided in order to challenge a second instance negative
decision. The capacity of NGOs to file such applications is very limited due to high legal fees. The
fees for filing an application for annulment varies between 257,80 euros to 318,55 euros, while
the fees for filing an application for suspension varies between 145,40 euros to 198,35 euros,
depending on the employment status of the lawyer. An additional financial burden required for
the hearing of the application for suspension is the notification of the application to the Minister
of Migration and Asylum, performed by a bailiff and amounting to 43,40 euros. Additionally, when
it comes to the hearing of the application for annulment, if the applicant is not present at the
hearing, the submission of a proxy is required, which costs approx. 60-65 euros. Legal aid may
only be requested under the general provisions of Greek law,461 which are in any event not tailored
to asylum applicants and cannot be accessed by them in practice due to several obstacles. For
example, the request for legal aid is submitted by an application written in Greek; free legal aid is
granted only if the legal remedy for which the legal assistance is requested is not considered
“manifestly inadmissible” or “manifestly unfounded”. 462 As noted by the UN Working Group on
Arbitrary Detention “[i]nadequate legal aid is provided for challenging a second instance negative
decision on an asylum application, and the capacity of NGOs to file this application is very limited
given the number of persons in need of international protection”.463
❖ The application for annulment and application for suspension/interim order do not have an
automatic suspensive effect.464 Therefore between the submission of an application for
suspension/interim order and the in-merit decision of the court, there is no guarantee that the
applicant will not be removed from the territory.
❖ The Administrative Court can only examine the legality of the decision and not the merits of the
case.
❖ The judicial procedure is lengthy. GCR is aware of cases pending for a period of about two years
for the issuance of a decision of the Administrative Court of Appeals following an application for
annulment.
Moreover, according to Article 114(2) of the Asylum Code, the Minister on Migration and Asylum also has
the right to lodge an application for annulment against the decisions of the Appeals Committee before the
Administrative Court. In 2020, the Minister on Migration and Asylum lodged one application for annulment
against a second instance decision of the Appeals Committees. The Appeals Committee rejected the
Minister’s appeal and ruled that an applicant for whom a decision to discontinue the examination of the
asylum application due to implicit withdrawal has been issued, cannot be removed before the nine months
period during which she can report again to the competent authority in order to request her case be
reopened. The Minister appealed to the Council of State which, on 27 June 2022, issued decision No.
1398/2022, accepting the Minister’s application for annulment. 465
458
459
460
461
462
463
464
465
Article 114 Asylum Code with reference to Article 15(4) L. 3068/2002
Article 115 Asylum Code.
Article 15(6) L 3068/2002, as amended by Article 115 IPA.
Articles 276 and 276A Code of Administrative Procedure.
Ibid.
UN Human Rights Council, Report of the Working Group on Arbitrary Detention, Addendum: Mission to
Greece, A/HRC/45/16/Add.1, 29 July 2020, available here, para. 85.
See, e.g., ECtHR, M.S.S. v. Belgium and Greece, application No 30696/09, Judgment of 21 January 2011.
Council of State, Decision No. 1398/2022, available in Greek at: https://tinyurl.com/2cwxtf2v.
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