a violation of the principle of non-refoulement are also applicable to appeals in the context of fast-track
border procedures.
Suspensive effect
Appeals before the Appeals Committees no longer have automatic suspensive effect as a general rule.
The automatic suspensive effect of appeals depends on the type of decision challenged by the applicant
(see Admissibility Procedure: Appeal and Accelerated Procedure: Appeal). With regard to applications
rejected at first instance within the framework of the fast-track border procedure, the Asylum Code states,
that a derogation from automatic suspensive effect of appeals can only be ordered provided that the
individual benefits from the necessary assistance of an interpreter, legal assistance and at least one week
to prepare and file a relevant application before the Appeals Committee reasoning why he/she should be
granted with the right to remain in the Greek territory.572
It should be noted that Article 110(3) Asylum Code has incorrectly transposed Art 46(7) of the recast
Asylum Procedures Directive. Instead of cross-referring to Article 110(2) Asylum Code on the categories
of appeals stripped of automatic suspensive effect, Article 110(3) Asylum Code provides that “the
possibility to derogate from the right to remain” may be applied in border procedures subject to
requirements including interpretation, legal assistance and at least one week. Accordingly, the law
incorrectly suggests that the derogation from the right to remain on the territory may be imposed in any
decision taken in a border procedure, insofar as the above guarantees are complied with in practice, the
derogation from the right to remain has been generally applied to the fast-track border procedure on the
Eastern Aegean islands, including in “safe third country” cases which should have suspensive appeals
according to the law.573 In any case, as it has been already mentioned, where a separate application for
suspension of removal is submitted in parallel with the appeal, the Appeals Committees proceed with the
examination of the suspension application on the same day that the appeal is being examined.
Judicial review
The general provisions regarding judicial review, as amended in 2018 and 2019, are also applicable within
the framework of the fast-track border procedure and concerns raised with regard to the effectiveness of
the remedy are equally valid (see Regular Procedure: Appeal). Thus, among others, an application for
annulment before the Administrative Court does not have automatic suspensive effect, even if combined
with an application for suspension. Suspensive effect is only granted by a relevant decision of the Court.
This judicial procedure before the Administrative Courts is not accessible to asylum seekers without legal
representation.
According to practice, individuals whose appeals are rejected within the framework of the fast-track border
procedure might be immediately detained upon notification of their second instance negative decision. In
the past, and in particular until March 2020, this would mean that they would be at imminent risk of
readmission to Türkiye. However, since readmissions remain frozen for the last three years, the detention
of people with a second negative decision serves no purpose whatsoever and is considered a
disproportionate measure, according to several Administrative Courts’ decisions that upheld the
“objections to detention” and ordered the detention to be lifted (See relatively the Chapter on Detention).
In general, the Asylum Service registered subsequent asylum applications despite pending applications
for annulment before the Administrative Court; both procedures can run in parallel.
Concerns regarding the effective access to judicial review for appellants whose appeal has been rejected
within the framework of the fast-track border procedure, i.e., who remain under a geographical restriction
on the Aegean Islands or are detained on the Aegean Islands following the notification of the second
instance decision, were not solved by the new Asylum Code, as the relevant article 115(2) IPA remains
572
573
Article 110(3) Asylum Code.
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