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 As a result, in several cases, appellants had submitted outdated residence certificates before the Appeals Authority, and, subsequently, in some of these cases, appeals were rejected by the Appeals Committee (with no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either of the admissibility or the merits of the asylum applications) on the grounds of the submission of an out-of-date residence certificate by the Head of the RIC.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, which are still pending examination. More specifically, in Lesvos, there have been cases where the applicants reported to their lawyers that they had not been properly informed about their obligations, namely their obligation to submit the residence certificate to the Appeals Authority, once they had received it from the RIS. 433 Legal actors also observed that the practice regarding the submission of residence certificates was not consistent, as there were cases where the RIS staff did not deliver the attestation to the applicants, stating that they would be sent directly to the RAO instead, in order to be included in the applicants’ files. 434 Additionally, there were cases where the Appeals Authority rejected appeals due to lack of residence certificates, and at least one such case was rejected although a residence certificate had been included in the applicant’s administrative file on time.435 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 he/she should be granted with the right to remain in the Greek territory. 436 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, 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.437 In any case, as it has been already mentioned, the Appeals Committees proceed to the examination of the suspension application 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 for judicial review issued within the framework of the fast-track border procedure and concerns raised with 433 434 435 436 437 Information acquired during the Lesvos LAsWG meeting, 28 September 2022. Ibid. Ibid. Article 110(3) Asylum Code. According to input provided by the RSA 101