The deadline for lodging an appeal against a negative decision begins on the day following its fictitious service. However, when the service of the decision is taking place via electronic means, the deadline begins 48 hours after the dispatch of the electronic message.336 According to Art. 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 he/she 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 shall 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.337 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.338 In practice, on the mainland, first instance decisions are mainly served to applicants by e-mail, through their legal representatives or more seldom by registered mail. In cases of electronic notification of first instance decisions, provision of legal aid for the appeals procedure can be requested either in person at the competent RAO or through the electronic platform of the Ministry for Migration and Asylum.339 If the latter is the only option, e.g., because the applicant lives far from the competent RAO, it significantly hinders their ability to appeal for those not familiar with the use of electronic applications or who do not have access to the required equipment/internet. Moreover, in practice, the notification of first instance decisions is also carried out by the Head of the RICs on the islands and in Evros and the Head of Preremoval detention facilities in Athens (Amygdaleza and Tavros). In both cases, the inability of the applicants to understand the content of the communicated documents and the procedure they have to follow has been observed. 1.4. Appeal Indicators: Regular Procedure: Appeal 1. Does the law provide for an appeal against the first instance decision in the regular procedure? Yes No v If yes, is it Judicial Administrative v If yes, is it automatically suspensive Yes Some grounds No 2. Average processing time for the appeal body to make a decision: reported at 94 days for the mainland (overall),340 without specifications on the type of procedure concerned. 1.4.1. Administrative review Since the entry into force of the IPA on 1 January 2020, the Independent Appeals Committees are the sole administrative bodies competent for the examination of appeals lodged against first instance asylum decisions. 336 337 338 339 340 Article 87(3) Asylum Code. Article 87(4) Asylum Code. Article 87(5) Asylum Code. MoMA, Asylum Services, available at: https://bit.ly/3BPGrCV. MoMA, Statistics, Consolidated Reports - Overview: December 2023 - International Protection | Appendix A, available at: https://bit.ly/3TxX9jL, table 11b. 76