1.3.4. Notification of First Instance Decisions The IPA introduced the possibility for first instance decisions to not be communicated in person to the applicant (‘fictitious service’, πλασματική επίδοση) or the first instance decision to be communicated to the applicant by administrative authorities other than the Asylum Service. Both practices have been maintained in the Asylum Code, significantly limiting applicants’ ability to be informed about the issuance of the first instance decision and/or the content of said decision and/or the possibility to lodge an appeal. Consequently, deadlines for submitting an appeal against a negative first-instance decision may expire without the applicant being actually informed about the decision, for reasons not attributable to themselves. As the Greek Ombudsperson has noted with regard to the provisions of fictitious service, said provisions effectively limit asylum applicants’ access to legal remedies.383 More precisely, according to the Asylum Code, a first instance decision can be communicated: ❖ in person or; ❖ with a registered letter sent by the Asylum Service to the applicant or; ❖ by e-mail to the applicant or; ❖ by uploading the Decision on an electronic application managed by the Asylum Service, through which applicants have unique access through an account they maintain, or; ❖ by communicating the decision to authorised lawyers, consultants, and representatives. 384 In this regard, it should be mentioned that according to the Aylum Code, once a lawyer is appointed by the applicant at any stage of the procedure, the lawyer is considered to be a representative of the applicant for all stages of the procedures, including the service of the decision. This remains the case regardless of whether the applicant is actually and in fact represented by the lawyer at the time of the fictitious service, unless the appointment of the lawyer is revoked by a written declaration of the applicant with an authenticated signature. 385 The deadline for lodging an appeal against a negative decision starts on the day following its fictitious service. However, when the service of the decision is made via electronic means, the deadline begins 48 hours after the dispatch of the electronic message. 386 According to Article 87(3) of the Asylum Code, together with the decision, a document in the language that the applicant understands or in a language that they may reasonably be supposed to understand is also communicated to the applicant, which explains in simple language the content of decision, its consequences and actions they may pursue. Alternatively, a link to the webpage of the Ministry of Migration and Asylum where relevant information is provided is included in the document. If the applicant resides in a Reception and Identification Centre or is detained in a detention facility, the decision is sent to the Head of the RIC or of the Detention facility, who has to ensure that a notice of receipt, as well as the times of delivery and distribution of the documents to applicants for each working day and time, is posted immediately in visible areas of the premises and draws up an act of receipt and posting. The deadline for lodging an appeal is three days after the act of receipt and posting has been drafted.387 No force majeure reason has to be invoked in order for a decision to be fictitiously served. If the applicant cannot be found/contacted through one of the abovementioned means, and no lawyer has been appointed, the decision is served to the Head of the RAO/AAU of the Asylum Service or the head of the RIC or the detention facility, after which it is deemed that the applicant has been notified of the decision. 388 383 384 385 386 387 388 Ombudsperson, Παρατηρήσεις στο σχέδιο νόμου Προσαρμογή της Ελληνικής Νομοθεσίας προς τις διατάξεις της Οδηγίας 2013/33/ΕΕ (αναδιατύπωση 29.6.13) σχετικά με τις απαιτήσεις για την υποδοχή των αιτούντων διεθνή προστασία κ.ά. διατάξεις, April 2018, available in Greek here. Article 87(3) Asylum Code. Article 76(7) Asylum Code. Article 87(3) Asylum Code. Article 87(4) Asylum Code. Article 87(5) Asylum Code. 86