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.
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