An important difference between the practice of the Appeals Committees and the Asylum Service
continues to be the comparatively more systematic use of subsidiary protection. This trend continues to
raise concerns about possible shortcomings in the substantive assessment of asylum applications, given
the extremely low number of applications heard orally in the Appeals Committees. 412
Examples of such cases issued in 2025 include:
❖ The case of a separated minor from Syria of Kurdish origin residing in Greece with his brother.
The Appeals Committee rejected his claim of international protection and ordered his return
to Syria, while the Committee responsible for his brother’s case recognized him as a refugee
due to his Kurdish origin in conjunction with prevailing circumstances in Syria. Both
committees seem to be unaware of the other case and the family link between the two
persons.
❖ The case of a young man from Afghanistan being away from his country of origin since his
teenage years. Despite particular claim of persecution in his written submission, the
Committee rejected his claim due to a lack of a particular fear of persecution. Subsidiary
protection was also denied due to the change of circumstances in Afghanistan.
❖ The case of a young male from Egypt suffering for a extremely rare terminal disease, who
was hospitalized during the procedure. Despite several documents being provided for by the
hospital, and the fact he was incapacitated at the time, the Committee reject his claim and
ordered his return.413
Time limits for lodging an Appeal before the Appeals Committees
An applicant may lodge an Appeal before the Appeals Committees against a first instance decision of the
Asylum Service rejecting their application for international protection. 414
The appeal may be lodged against a decision rejecting the application as unfounded under the regular
procedure or against the part of the decision that grants subsidiary protection. The deadline for submitting
an appeal is 30 days from the notification of the decision or from the date they are presumed to have been
notified.415 The deadline is shortened to 20 days if the applicant was notified of the rejection decision while
in detention.416
Scope of the Appeal
According to Article102(10) Asylum Code, the Appeals Committees conduct a full and ex nunc
examination of the asylum application.417 Based on legal precedents, Committees have the power to carry
out their own assessment of the evidence and elements of the file. 418 Contrary to this position, however,
some Committees have declared themselves as lacking jurisdiction to examine issues such as the need
of the applicant for special procedural guarantees, where the first instance authority concluded that they
are not vulnerable.419
Form of the Appeal
412
413
414
415
416
417
418
419
Refugee Support Aegean, The Greek asylum procedure in figures in 2023, available here.
All decisions are with the author.
Article 97(1) Asylum Code.
Article 97(1) Asylum Code
Article 97(1) Asylum Code
Council of State (Plenary), Decision 1694/2018, 21 August 2018, para 19.
19th Appeals Committee, Decision 6219/2021, 25 May 2021, para 4; 12th Appeals Committee, Decision
56970/2021, 10 June 2021, para A.7; 11th Appeals Committee, Decision 59841/2021, 11 June 2021, para 7;
11th Appeals Committee, Decision 62800/2021, 14 June 2021, para 9; 3rd Appeals Committee, Decision
75059/2021, 18 June 2021, para II.2; 6th Appeals Committee, Decision 140330/2021, 21 July 2021, 12; 8th
Appeals Committee, Decision 1592/2021, 21 July 2021, para 3; 12th Appeals Committee, Decision
233902/2021, 9 September 2021, 3.
6th Appeals Committee, Decision 2411/2019, 28 February 2020, para 10; 6th Appeals Committee, Decision
30955/2020, 18 May 2021, para II.4.
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