4.3. Appeal Indicators: Border Procedure: Appeal Same as regular procedure 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 that the deadline for submitting an appeal against a first instance negative decision is 10 days.397 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). For the case of applications examined under the border procedure, the derogation from automatic suspensive effect of appeals is applicable under the condition that 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. 398 In practice, in those cases where the appellant has to submit a separate request before the Appeals Committee for leave to remain in Greek territory pending the outcome of the appeal. This request is being examined by the Appeals Committee on the same day with the appeal, so there has been no issue of removal from the country until the notice of the second instance decision. 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 seekers 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 seekers 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 here (see section on Regular Procedure: Legal Assistance). 397 398 Article 95(3)(c) Asylum Code. Article 110(3) Asylum Code. 91