submit a residence certificate before the Appeals Authority up to the day before the examination of their appeal. No mention was made of the obligation to apply for the certificate no earlier than three days before the date of examination of the appeal. As a result, in several cases, appellants had submitted outdated residence certificates before the Appeals Authority, and, subsequently, in some of these cases, appeals were rejected by the Appeals Committee (with no examination either of the admissibility or the merits of the asylum applications) on the grounds of the submission of an out-of-date residence certificate by the Head of the RIC. GCR has introduced cases such as these before the Greek administrative courts. In May 2023, the Administrative Court of Athens annulled the decision of the 2 nd Appeals Committee that had rejected an applicant’s appeal on the grounds of the submission of an out-of-date residence certificate.627 In March 2025, in a case legally represented by GCR, another application for annulment was discussed before the Administrative Court against a decision of an Appeals Committee that had rejected the appeals of a Syrian family on the grounds of the submission of an out-of-date residence certificate; the decision is still pending.628 Similarly, to the concerns raised under the Regular procedure as regards the severity of these new procedural requirements, serious concerns with regard to the effectiveness of the remedy and the risk of 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 they should be granted with the right to remain in the Greek territory. 629 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 in 2024, 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.630 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 under the fast-track border procedure, as are concerns raised with regard to the effectiveness of the remedy (see Regular Procedure: Appeal).An application for annulment before the Administrative Court does not have automatic suspensive effect, even if combined with an application for suspension. Suspensive effect 627 628 629 630 Decision No ΑΔ940/31-5-2023 issued by the Administrative Court of Athens. Application for Annulment no. ΑΚ687/2020, Administrative Court of Athens. Article 110(3) Asylum Code. According to input provided by RSA. 138