impossible for them to read and be aware of the basis on which their asylum application has been rejected.
It is evident that without legal aid applicants cannot adequately articulate the legal and factual grounds on
which their appeals are based, particularly taking into consideration the requirement that such appeals be
submitted in Greek.
The provisions of the Asylum Code relating to the fictitious service (πλασματική επίδοση) of first instance
decisions are also applicable to the fast-track border procedure and thus the deadline for lodging an
appeal against a first instance negative decision may expire without the applicant having been actually
informed about the decision.430
In Lesvos and Kos, since the second quarter of 2022, an order for voluntary departure from the country
(usually with a seven-day deadline) was incorporated in the first instance negative decisions issued by
the RAO.431 In Chios, since March 2022, the same practice has been applied in first instance negative
decisions issued by the RAO.432
In Kos and Chios, many asylum seekers reportedly departed from the islands after being informed about
the voluntary departure order. Concerns were raised by legal aid organisations regarding the provision
(or not) of sufficient information by the RAOs to asylum seekers, specifically regarding the asylum seekers’
understanding of the departure order and their right to appeal the negative decision. Concerns were also
raised with regards to whether the asylum seekers that had departed from the islands would practically
have access to the mainland’s RAOs in order to submit their appeal.
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 written
certification shall be issued by the Director of the Reception/Accommodation facility, upon application that
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 the 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. 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 of the in- person appearance of the appellant 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’ explicitly stated that appellants are obliged to submit
430
431
432
Article 87 and 108 Asylum Code.
Information acquired during the Lesvos LAsWG meeting, 28 June 2022 and from the GCR lawyer based in
Kos.
Information acquired during GCR mission to Chios and visits to the Chios RAO and Police Station, 24-26 May
2022.
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