“fictitious” service of the second instance decision - which triggers the deadline for lodging an appeal – these deadlines for legal remedies against a negative second instance decision may expire without the applicant being actually informed about the decision. Accordingly, it should be noted that the IPA reduced the deadline for lodging a legal remedy before Court against a second instance negative decision from a period of 60 days to a period of 30 days from the notification of the decision (see Judicial review).306 As noted by the Greek Ombudsman since the initial introduction of the possibility of a fictitious service in 2018, these provisions ‘effectively limit the access of asylum seekers to judicial protection” and even if “the need to streamline procedures is understandable ... in a state governed by law, it cannot restrict fundamental democratic guarantees, such as judicial protection’.307 Following the amendment of the IPA in May 2020, the right to remain in the country is terminated once the second instance decision is issued, irrespective of when the decision is communicated. 308 As noted by the UNHCR:309 ‘UNHCR is concerned that such amendment would allow for the removal of a person from the territory before a second instance decision is notified to him/her. The parallel notification of a negative appeal decision is also undermining the right to judicial protection […], as persons whose claims are rejected will not be able to submit an application for annulment or an application for suspension in practice, which could ultimately lead to a violation of the principle of nonrefoulement. The deprivation of legal stay before a notification of a negative decision has further premature negative repercussions on the enjoyment of the rights of asylum seekers from which they are to be excluded only following the notification of negative decision (e.g. the right to shelter and cash assistance)’. Persons whose asylum applications are rejected at second instance no longer have the status of “asylum seeker”,310 and thus do not benefit from reception conditions. 1.4.2. Judicial review According to the IPA, applicants for international protection may lodge an application for annulment (αίτηση ακύρωσης) of a second instance decision of the Appeals Authority Committees solely before the Administrative Court of First Instance of Athens or Thessaloniki 311 within 30 days from the notification of the decision.312 According to the IPA,313 following the lodging of the application for annulment, an application for suspension/interim order can be filed. The decision on this single application for temporary protection from removal should be issued within 15 days from the lodging of the application. The effectiveness of these legal remedies is severely undermined by a number of practical and legal obstacles: ❖ The application for annulment and application for suspension/interim order can only be filed by a lawyer. In addition, no legal aid is provided in order to challenge a second instance negative decision. The capacity of NGOs to file such applications is very limited due to high legal fees. Legal aid may only be requested under the general provisions of Greek law, 314 which are in any 306 307 308 309 310 311 312 313 314 Article 109 IPA. Ombudsman, Παρατηρήσεις στο σχέδιο νόμου Προσαρμογή της Ελληνικής Νομοθεσίας προς τις διατάξεις της Οδηγίας 2013/33/ΕΕ (αναδιατύπωση 29.6.13) σχετικά με τις απαιτήσεις για την υποδοχή των αιτούντων διεθνή προστασία κ.ά. διατάξεις, April 2018. Article 104(1) IPA, as amended by L. 4686/2020. UN High Commissioner for Refugees (UNHCR), UNHCR Comments on the Draft Law ‘Improvement of Migration Legislation, amendment of provisions of Laws 4636/2019 (A' 169), 4375/2016 (A' 51), 4251/2014 (A' 80) and other Provisions’, 12 June 2020, available at: https://bit.ly/3wtPV2V, 9. Article 2(c) IPA and Article 1(c) ASYLUM CODE Article 108 with reference to Article 15(4) L. 3068/2002 and 115 IPA and Article 114 ASYLUM CODE Article 109 IPA and Article 115 ASYLUM CODE Article 15(6) L 3068/2002, as amended by Article 115 IPA. Articles 276 and 276A Code of Administrative Procedure. 68