During 2024, legal aid organisations continued to raise concerns over the problematic use of the service
of asylum decisions by e-mail. More specifically, legal aid organisations operating in Lesvos observed
that when decisions are notified by e-mail, only an informative text in Greek and English was included,
while a text in the applicant’s native language was only included as an attachment at the end of the
decision.620 In this way, many people could not understand what the e-mail they received was about.
Notifications by e-mail have been also sent to illiterate persons, as well as to persons residing in RIS
accommodation. Additionally, the organisations observed that many asylum applicants were not aware of
the formality of e-mail notification and how it affects deadlines. 621
In Lesvos, Kos and Chios, since approximately the second quarter of 2022, an order for voluntary
departure from the country – with a seven- or a 25-day deadline – was incorporated in the first instance
negative decisions issued by the RAO. 622 In practice, a seven-day deadline is given with the “rejected as
inadmissible” – first instance negative decisions, while a 25-day deadline is given with the “rejected as
unfounded” – first instance negative decisions. This practice continued in 2024.623 The voluntary departure
order is provided by Article 22 paragraph 1 L.3907/2011, as it was amended by Article 3 L. 4825/2021.624
Following the amendment of Article 83(3) Asylum Code, the obligation to present oneself before the
Appeal Committees remains waived for the appellants who are either under geographical restriction or
reside in a Reception/Accommodation facility. In case the appellant cannot be represented by a lawyer or
another authorised person/ consultant, a certification shall be submitted before the Appeal Authority. More
specifically, for the appellants who reside in a Reception/Accommodation facility, a residence certification
shall be issued in writing by the Director of the Reception/Accommodation facility, upon request by the
appellant. This request should not be filed earlier than 3 days before the date of examination of the appeal.
This certification confirms that the appellant resided in the facility on the day that the application for the
certificate was filed. Appellants, against whom a geographical restriction is imposed must submit a written
certification issued by the Police or a Citizens' Service Centre (ΚΕΠ) located at the area of the
geographical restriction by the day before the examination of their appeal, confirming that they presented
themselves before said authorities. The application for such a certificate must not be filed longer than two
days before the date of the appeal’s examination. In case the appellant does not submit the
aforementioned certification, it is presumed that they have implicitly revoked their appeal according to
Article 86 of Asylum Code.
Moreover, in case of force majeure, such as serious illness, serious physical disability or the case of an
insurmountable impediment that made the in-person appearance of the appellant impossible, the
obligation for the in-person appearance is suspended throughout the duration of the force majeure.625 In
these cases, the appellant needs to submit a relevant application, and invoke in a particular manner the
incidents that constitute force majeure or unsurmountable impediment that made their appearance inperson impossible; the allegation needs to be proved with written documents and relevant certifications
or certificates from a public service. In case the reasons constituting force majeure or insurmountable
impediment are proven and under the condition that the appellant appears before the competent
authorities, the consequences of the non-appearance are lifted.
However, it has been noted that for a considerable period following the above amendment, the information
provided to the appellants by the RAOs regarding the issuance and submission of the residence
certificates before the Appeals Authority was not accurate. Indeed, the written information provided within
the ‘Document – Proof of Submission of the Appeal’626 explicitly stated that appellants are obliged to
620
621
622
623
624
625
626
Information acquired during the Lesvos LAsWG meeting, 29 October 2024.
Ibid.
Information acquired during the Lesvos LAsWG meeting, 28 June 2022, from the GCR lawyer based in Kos,
and during GCR mission to Chios and visits to Chios RAO and Police Station, 24-26 May 2022.
Information acquired from the GCR lawyers based in Lesvos and Kos, and during GCR mission to Chios, 3031 January 2024.
"1. The decision to return the third-country national may provide for a period of time for his/her voluntary
departure, which shall be between seven (7) and twenty-five (25) days, subject to paragraphs. 2 and 4.”
Article 83 paragraph 4 Asylum Code.
The Document – Proof of Submission of the Appeal is given to the applicant by the RAO personnel immediately
after his/her appeal is lodged.
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