a first instance negative asylum decision by the Appeals Committees make it excessively difficult to exercise the right of appeal and disproportionately impede the right to appeal and judicial protection.451 In 2024, 3,674 appeals were rejected as “manifestly unfounded” on the basis of the safe country of origin concept, while another 1,588 were rejected as “manifestly unfounded” on grounds that are not specified in the statistics issued by the MoMA.452 As a result, it is not possible to assess whether and to what extent these rejections were issued on the basis of provisions imposing the in-person appearance of the appellant or their lawyer before the Appeals Committee or the communication of certification of residence (Article 83(3) of the Asylum Code to the Committee. Issuance of a Decision: Article 106 Asylum Code provides that decisions have to be issued as soon as possible and in any case: (a) Within thirty (30) days of the hearing of the case in the regular procedure, (b) Within twenty (20) days of the hearing in the accelerated procedure, (c) Within ten (10) days of the hearing when the appellant is under administrative detention, (d) Within twenty (20) days of the hearing when the application was rejected at first instance as inadmissible in accordance with Article 89. An exception is introduced for priority cases, as the decision must be issued within 15 days of the hearing. Notification of second instance decision: Similar to the fictitious service at first instance, the Asylum Code provides for the possibility of a fictitious service (πλασματική επίδοση) of second instance decisions as described above.453 Once again, considering that the “fictitious” service of the second instance decision triggers the deadline for lodging an appeal, these deadlines for legal remedies against a negative second instance decision may expire without the applicant being actually informed about the decision. As noted by the Greek Ombudsperson, these provisions “effectively limit the access of asylum applicants to judicial protection” and though “the need to streamline procedures is understandable ... in a State governed by law, this cannot restrict fundamental democratic guarantees, such as judicial protection”.454 The right to remain in the country is revoked once the second instance decision is issued, irrespective of when the decision is communicated.455 As noted by UNHCR:456 UNHCR is concerned that such amendment would allow for the removal of a person from the territory before a second instance decision is notified to him/her. The parallel notification of a negative appeal decision is also undermining the right to judicial protection […], as persons whose claims are rejected will not be able to submit an application for annulment or an application for suspension in practice, which could ultimately lead to a violation of the principle of nonrefoulement. The deprivation of legal stay before a notification of a negative decision has further premature negative repercussions on the enjoyment of the rights of asylum applicants from which they are to be excluded only following the notification of negative decision (e.g. the right to shelter and cash assistance). Individuals whose asylum applications are rejected at second instance no longer have the status of “asylum applicant”,457 and thus do not benefit from reception conditions. 451 452 453 454 455 456 457 Opinion of the CJEU Advocate General of 6 February 2025 - Case C-610/23 (Al Nasiria), FO v Minister for Immigration and Asylum, 6 February 2025, reference for a preliminary ruling from the Administrative Court of First Instance of Thessaloniki (Greece), available here. MoMA, Statistics, Consolidated Reports - Overview: December 2024 – International Protection | Appendix A, available in Greek here, table 8b. Article 87 and 108 Asylum Code. 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 at: https://tinyurl.com/2xkbed6r, pp 7-8. Article 110 (1) Asylum Code. UNHCR, UNHCR Comments on the Draft Law ‘Improvement of Migration Legislation, amendment of provisions of Laws 4636/2019 (A' 169), 4375/2016 (A' 51), 4251/2014 (A' 80) and other Provisions, 12 June 2020, available here, p. 9. Article 1(c) Asylum Code. 87