6.3. Appeal
Indicators: Accelerated Procedure: Appeal
Same as regular procedure
1. Does the law provide for an appeal against the decision in the accelerated procedure?
Yes
No
v If yes, is it
Judicial
Administrative
v If yes, is it suspensive
Yes
Some grounds
No
Since the entry into force of the IPA, the time limit for lodging an appeal against a decision in the
accelerated procedure is 20 days,585 as opposed to 30 days in the regular procedure. The Appeals
Committee must reach a decision on the appeal within 20 days of the examination.586
Appeals in the accelerated procedure in principle do not have automatic suspensive effect (see
Suspensive Effect).587 The Appeals Committee decides on appeals in the accelerated procedure and on
appeals against manifestly unfounded applications in single-judge format.588
In 2023, 3,442 negative decisions were issued at second instance - rejected as manifestly unfounded
(safe country of origin).589
6.4. Legal assistance
Indicators: Accelerated 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
v Does free legal assistance cover:
Representation in interview
Legal advice
2. Do asylum seekers have access to free legal assistance on appeal against a decision in
practice?
Yes
With difficulty
No
v Does free legal assistance cover
Representation in courts
Legal advice
The same legal provisions and practice apply to both the regular and the accelerated procedure (see
Regular Procedure: Legal Assistance).
585
586
587
588
589
Article 97(1)(b) Asylum Code.
Article 106(1)(b) Asylum Code.
Article 110(2)(e) Asylum Code, citing Article 88 (9) & (10) Asylum Code.
Article 116(7) IPA that remains in force according to Article 148(a) Asylum Code.
MoMA, Statistics, Consolidated Reports - Overview: December 2023 - International Protection | Appendix A,
available at: https://tinyurl.com/yc2stzh7, table 9b.
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