Asylum circular. Importantly, the appointment receipt automatically generated by the online platform expressly states that said document “does not constitute a statement of intention to apply for asylum, but proof that an appointment has been scheduled to this end”. This practice poses impermissible “administrative formalities” on the right to “make” an asylum application under Articles 3 and 13 of the Convention, as well as corollary EU and domestic law provisions.16 8. In addition to the European Commission, 17 at least eight judgments delivered in 2023 by Greek courts reviewing detention have held that the request of an appointment via the online platform constitutes “making” of an asylum claim and should automatically entail the acquisition of “asylum seeker” status, including the right to remain on Greek territory.18 9. The Greek government has taken no actions whatsoever to comply with the above rulings. On the contrary, it has unsuccessfully attempted to overturn the case law by requesting withdrawal of the first of those judgments at the Administrative Court of Kavala. The request has been dismissed inadmissible by the Court.19 10. In light of the above, the Greek government’s view that “An application can also be registered through internet” as expressed in para 16 of the Updated Action Plan is regrettably incorrect. At no point has the Greek asylum process foreseen the possibility for applicants themselves to register an application online, as highlighted in previous submissions to the Committee.20 11. The Greek government’s position on the “making” of asylum applications means that people who approach the designated authorities via the online platform in order to lodge an asylum claim are not considered to be “asylum seekers” and are denied the basic guarantees attached to that status, often for prolonged periods of time. In practice, people holding such registration appointments are regularly arrested, placed in arbitrary pre-removal detention by police authorities and put at risk of arbitrary removal from the territory even where they demonstrate the receipt of their appointment request at the RIC. In some cases, people have been arrested near the RIC on the very day of their appointment and have been placed in pre-removal detention.21 12. Available remedies against removal in such cases fall far short of effective protection against refoulement.22 Deportation or return orders issued by the Hellenic Police are amenable to an administrative appeal before the Hellenic Police within five days. The remedy is largely inaccessible, however. Out of a total of 33,441 return and deportation 16 17 18 19 20 21 22 Article 6(1) Asylum Procedures Directive; Article 69(8) Asylum Code. European Commission, Report of meeting between DG HOME / Secretary General for Reception, Ares(2022)1307494, 16 November 2022; Operational Conclusions 11th Steering Committee Meeting for Migration Management, Ares(2022)7197303, October 2022, 2. Administrative Court of Athens, AP741/2023, 17 March 2023; AP721/2023, 17 March 2023; Administrative Court of Kavala, AP421/2023, 12 April 2023; AP382/2023, 3 April 2023; AP379/2023, 31 March 2023; AP209/2023, 7 February 2023; AP164/2023, 7 February 2023; Administrative Court of Komotini, AP209/2023, 11 April 2023, available at: https://shorturl.at/gjBGX. Administrative Court of Kavala, AP516/2023, 12 May 2023, available at: https://shorturl.at/gjBGX. DH-DD(2021)521, para 9. Administrative Court of Corinth, Π1853/2023, 4 May 2023, available at: https://shorturl.at/gjBGX. M.S.S. v. Belgium and Greece, para 318. 7 RSA COMMENTS│ 2023