Rules and time limits for appeal Similar to the first instance fast-track border procedure, truncated time limits are also foreseen in the appeal stage. In particular, the deadline for appealing a negative decision is 10 days, instead of the 30 days deadline foreseen in the regular procedure.628 The Appeals Committee examining the appeal must make a decision within seven days,629 contrary to 30 days in the regular procedure.630 In practice, this very short deadline is difficult for the Appeals Committees to meet, and raises serious concerns over the quality of the decisions issued. The average time (in days) for the issuance of 2nd instance decisions was 89 days from lodging the lodging and 51 days from its discussion.631 As a rule, the procedure before the Appeals Committees must be written, based on the examination of the dossier, except from cases, provided by the Article 102(3) Asylum Code, where the Appeals Committee decides to call for an oral hearing. 632 As far as the appeal procedure is concerned, in addition to the concerns related to the admissibility of appeals in general (see Regular Procedure), it shall be noted that it is practically impossible for the applicants to submit an appeal on their own, i.e., without legal aid. Specifically, Article 98 of the Asylum Code requires, for the appeal to be admissible, inter alia, reference and development of specified reasons for the appeal. At the same time, the negative decisions are served to the applicants in Greek, and though a simplified text in a language the applicant is expected to understand is served as an accompanying document, this text only provides generic information on the rejection/does not explain the precise reasons for which the application has been rejected, therefore making it impossible for them to read and be aware of the exact reasons for which their asylum application has been rejected. It is evident that, without legal, aid applicants cannot adequately articulate the legal and factual grounds on which their appeals are based, particularly taking into consideration the requirement that such appeals be submitted in Greek. The provisions of the Asylum Code relating to the fictitious service (πλασματική επίδοση) of first instance decisions are also applicable to the fast-track border procedure and thus the deadline for lodging an appeal against a first instance negative decision may expire without the applicant having been actually informed about the decision.633 In 2024, asylum applicants in Kos, Lesvos, Samos and Chios, were invited in RAOs to sign a "declaration of e-mail address for communication with the asylum service", in which, among other things, the applicant gives their e-mail address and confirms the following statement: 'I wish this address to be used for my communication with the Asylum Service (information, appointment, service of decisions, etc. documents, etc.)’. The information on the above was provided to the applicants with the assistance of an interpreter. Paragraph 3 of Article 87 Asylum Code stipulates that "The service of the decision to the applicant shall be carried out (....) or (c) by e-mail to an address indicated by the applicant to the Reception and Identification Service or the Asylum Service or to an address indicated by his/her attorney or authorized counsel or representative or (....). Paragraph 4 of the same article states that: In case the applicant is a detainee or remains in Regional Reception and Identification Services or resides in Reception or Accommodation Centres, the rejection decision or the extract of the operative part of the decision granting international protection status and the accompanying explanatory document of the third part of paragraph 3 shall be sent by any appropriate means to the Head of the Centre or establishment or facility concerned, who shall ensure that a notice of receipt and the times of delivery and distribution of the documents to applicants are posted immediately for each working day and time, in conspicuous places in the premises, and shall draw up an acknowledgement of receipt and post it. Applicants shall ensure that they arrive at the centre within the hours of delivery and distribution of correspondence in order to be served with the relevant mail. A delivery report shall be drawn up for each delivery to the applicant. Service shall be deemed to have been affected after the expiry of three (3) days from the date on which relevant act of receipt referred to in the first subparagraph was drawn. 628 629 630 631 632 633 Article 95(3)(c) Asylum Code. Article 95(3)(c) Asylum Code. Article 106(1)(a) Asylum Code. MoMA, Report A December 2024 Appendix A, available here. Article 102(3) Asylum Code. Article 87 and 108 Asylum Code. 125

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