1. Does the law provide for an appeal against the decision in the border procedure?
Yes
No
❖ If yes, is it
Judicial
Administrative
❖ If yes, is it automatically suspensive
Yes
Some grounds
No
The Asylum Code foresees a deadline of 10 days for submitting an appeal against a first instance negative
decision issued under the border procedure.563 The automatic suspensive effect of appeals depends on
the type of negative decision challenged by the applicant (see Admissibility Procedure: Appeal and
Accelerated procedure - Appeal. Appeals against decisions rejecting applications under the border
procedure may not carry an automatic suspensive effect if the individual benefits from the necessary
assistance of an interpreter, legal assistance and at least one week to prepare the application for leave
to remain before the Appeals Committee.564
In practice, in such cases, the appellant has to submit a separate request before the Appeals Committee
for leave to remain on Greek territory pending the outcome of the appeal. This request is being examined
by the Appeals Committee on the same day as the appeal, so there has been no issue of removal from
the country until the notice of the second instance decision, as, in practice, only the submission of the
request for leave to remain has a suspensive effect.
In cases where the appeal is rejected, the applicant has the right to file an application for annulment before
the Administrative Court (see Regular procedure: Appeal).
4.4.
Legal assistance
Indicators: Border Procedure: Legal Assistance
Same as regular procedure
1. Do asylum applicants have access to free legal assistance at first instance in practice?
Yes
With difficulty
No
❖ Does free legal assistance cover:
Representation in interview
Legal advice
2. Do asylum applicants have access to free legal assistance on appeal against a negative decision
in practice?
Yes
With difficulty
No
❖ Does free legal assistance cover
Representation in courts
Legal advice
The law does not contain special provisions regarding free legal assistance in the border procedure. The
general provisions and practical limitations regarding legal aid are also applicable in this case (see section
on Regular Procedure: Legal Assistance).
5. Fast-track border procedure (Eastern Aegean islands)
5.1.
General (scope, time limits)
Indicators: Fast-track border procedure: General
1. Do border authorities receive written instructions on the referral of asylum applicants to the
competent authorities?
Yes
No
2. Can an application made at the border be examined in substance during a border procedure?
563
564
Article 95(3)(c) Asylum Code.
Article 110(3) Asylum Code.
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