iv) because the application is a subsequent application, in which no new elements or findings have been found during the preliminary examination; in case of an appeal against a second subsequent asylum application, and in a number of cases examined under the Accelerated Procedure. In its report “Comments on the Draft Law of the Ministry of Immigration and Asylum”, the National Commission for Human Rights remarked that, while the abolition of the automatic suspensive effect of an appeal against a decision rejecting an application for international protection is in principle in conformity with Union law, an appeal against a return or removal decision pursuant to Article 6 par. 6 or 8 par. 3 respectively of the Directive, should automatically have a suspensive effect, as this decision may expose the third country national to a real risk of treatment contrary to the Charter of Fundamental Rights of the European Union in conjunction with Article 33 of the Geneva Convention. 435 As further noted by FRA: If a return decision were to be implemented before a final decision on international protection, this would also undermine the right to asylum (Article 18 of the Charter) and the principle of nonrefoulement (Article 19 of the Charter and Article 3 of the ECHR) as interpreted by the CJEU and the ECtHR in their respective case law. Closely connecting or merging the two procedural steps must not lead to the reduction of safeguards which are necessary to ensure that Articles 18 and 19 of the Charter are not circumvented.436 The practice of the Appeals Committees in 2022 and 2023 showed that the requirement of a separate request for suspensive effect under Article 104(2) IPA and Article 110(2) Asylum Code has introduced a superfluous procedural step, as the Committees systematically dismiss requests for suspensive effect as having no object (άνευ αντικειμένου), after having issued a positive or negative decision on the merits of the appeal, since the abovementioned application is examined on the date of the hearing of the case and the relevant ruling is included in the decision issued upon the appeal. In 2021, 4,653 requests were submitted to the Appeals Authority to stay in the country until the secondinstance decision has been issued. During the reference period, the Appeals Authority issued 4,476 second instance decisions rejecting requests for suspensive effect and ordering the removal of the appellant.437 Relevant data for 2022, 2023 and 2024 was not provided. Procedure before the Appeals Authority Written procedure: As a rule, the procedure before the Appeals Committee is conducted in writing and the examination of the Appeal is based on the elements in the case file. 438 The Appeals Committees shall invite the appellant to an oral hearing when: 439 (a) The appeal is lodged against a decision which withdraws the international protection status (see Cessation and Withdrawal); (b) Issues or doubts are raised relating to the comprehensiveness of the appellant’s interview at first instance; (c) The appellant has submitted substantial new elements As per data that has become available in the context of parliamentary scrutiny,440 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. 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, when 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. 441 The Council of State held that the above provision on the prohibition of reverting cases back to the Asylum Service is compliant with the EU 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. 442 435 436 437 438 439 440 441 442 GNCHR, Comments on the Draft Law of the Ministry of Immigration and Asylum, July 2021, available in Greek here. European Union Agency for Fundamental Rights (FRA), The recast Return Directive and its fundamental rights implications, FRA Opinion – 1/2019 [Return], 10 January 2019, available here. Information provided by the Appeals Authority, March 2022. Article 102(1) Asylum Code. Article 102(3) Asylum Code. 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. 85