Written procedure: As a rule, the procedure before the Appeals Committee is conducted in writing and the examination of the Appeal is based on the elements in the case file.381 The Appeals Committees shall invite the appellant to an oral hearing when:382 (a) The appeal is lodged against a decision which withdraws the international protection status (see Cessation and Withdrawal); (b) Issues or doubts are raised relating to the comprehensiveness of the appellant’s interview at first instance; (c) The appellant has submitted substantial new elements Under L 4375/2016, the appellant could also be invited to an oral hearing if the case presented particular complexities,383 which is no longer the case. Data on the number of appellants invited to an oral hearing before the Appeals Committee have since not been provided by the MoMA, even though GCR has requested it on a yearly basis. Instead, following the latest such request sent by GCR in January 2024, the MoMA replied by referring GCR to the Ministry’s website “and in particular at the link https://migration.gov.gr/statistika/ [where] the monthly newsletters are published, alongside relevant annexes, which include summary and detailed statistical data on the work of the First Reception Service, the Asylum Service and the Appeals Authority […]”.384 Yet a closer look at the public sources referred to by the MoMA highlights that the specific data is not available. Article 105 IPA first provided for the prohibition of the Appeals Committee to revert a case back to the Asylum Service for a new first instance interview. This prohibition posed difficulties for cases which were rejected by the Asylum Service as inadmissible on Safe Third Country grounds. In such cases, rejected asylum seekers had only been interviewed at first instance on points relating to the “safe third country” concept and not on the merits of their claim. Appeals Committees did not adopt a consistent approach: while some ordered an oral hearing for the applicant to substantiate their application on the merits,385 others proceeded directly to an assessment of the case sur dossier. This resulted in grants of subsidiary protection to applicants on the basis that they did not meet the criteria for refugee status, even though they were never requested to provide information on their reasons for fleeing their country of origin, e.g., Syria.386 In 2021, 250 appellants were invited for an oral hearing before the Appeals Committees.387 Article 111 of the Asylum Code, whilst maintaining the prohibition on reverting cases back to the first instance, provides that in cases when the Appeals Committee considers it necessary to hold an interview, the interview shall be conducted by the Committee itself, in accordance with the provisions of Article 82.388 The Council of State held that the above provision on the prohibition of reverting cases back to the Asylum Service is compliant with the EU Directive 2013/32/EU, since the interview conducted by the Appeals Committee with the applicant ensures the respect of requirements and guarantees provided in the Directive for the personal interview389. Obligation of the Appellant to be present before the Appeals Committees on the day of the examination: Despite the fact that the procedure before the Appeals Committees remains written without hearings as a rule, Articles 102(2) and 83(3) of the Asylum Code impose an obligation on the appellant 381 382 383 384 385 386 387 388 389 Article 102(1) Asylum Code. Article 102(3) Asylum Code. Article 62(1)(d) L 4375/2016. MoMA, Analysis and Studies Office, Reply to GCR’s request for information for the preparation of the updated Annual Report on Greece for 2023 in the framework of the Asylum Information Database (AIDA) project, received on 14 February 2024 (protocol number: 55259). 21st Appeals Committee, Decision 29458/2020, 19 November 2020; 10th Appeals Committee, Decision 22083/2020, 28 April 2021; 5th Appeals Committee, Decision 202299/2021, 25 August 2021; 21st Appeals Committee, Decision 364000/2021, 4 November 2021; 21st Appeals Committee, Decision 398486/2021, 19 November 2021. 5th Appeals Committee, Decision 12366/2020, 14 September 2020; 5th Appeals Committee, Decision 12365/2020, 2 October 2020; 21st Appeals Committee, Decision 28217/2020, 7 December 2020; 10th Appeals Committee, Decision 25173/2020, 19 November 2021; 20th Appeals Committee, Decision 29118/2020, 19 November 2021. Information provided by the Appeals Authority, 2022. Article 111 Asylum Code. Council of State, Decision Nr. 689/2021, March 2021. 82