Taking into consideration the above legal provisions, the Greek Ombudsperson intervened with regard to the “Service of asylum decisions by e-mail to residents in the Kos CCAC”,634 and clarified that Article 87 Asylum Code clearly provides that the scope of application introduced by the legislator with paragraph 4 is more specific than that of paragraph 3, providing for the service of decisions on applicants who reside in the structures of the Reception and Identification Service (RIS), such as the CCACs. Namely, the Ombudsperson noted that the law does not allow the administration to derogate from the application of the provisions of paragraph 4 of Article 87, through the signing of declarations by residents that they will be served with the decisions by e-mail. Finally, it is crucial for the respect of the right to an effective remedy, in the event of non-application of the above provisions, the time limit for lodging an appeal to begin at least from the time when the applicant has demonstrably become aware of the decision. During 2024, legal aid organisations continued to raise concerns over the problematic use of the service of asylum decisions by e-mail. More specifically, legal aid organisations operating in Lesvos observed that when decisions are notified by e-mail, only an informative text in Greek and English was included, while a text in the applicant’s native language was only included as an attachment at the end of the decision.635 In this way, many people could not understand what the e-mail they received was about. Notifications by e-mail have been also sent to illiterate persons, as well as to persons residing in RIS accommodation. Additionally, the organisations observed that many asylum applicants were not aware of the formality of e-mail notification and how it affects deadlines. 636 In Lesvos, Kos and Chios, since approximately the second quarter of 2022, an order for voluntary departure from the country – with a seven- or a 25-day deadline – was incorporated in the first instance negative decisions issued by the RAO. 637 In practice, a seven-day deadline is given with the “rejected as inadmissible” – first instance negative decisions, while a 25-day deadline is given with the “rejected as unfounded” – first instance negative decisions. This practice continued in 2024. 638 The voluntary departure order is provided by Article 22 paragraph 1 L.3907/2011, as it was amended by Article 3 L. 4825/2021.639 Following the amendment of Article 83(3) Asylum Code, the obligation to present oneself before the Appeal Committees remains waived for the appellants who are either under geographical restriction or reside in a Reception/Accommodation facility. In case the appellant cannot be represented by a lawyer or another authorised person/ consultant, a certification shall be submitted before the Appeal Authority. More specifically, for the appellants who reside in a Reception/Accommodation facility, a residence certification shall be issued in writing by the Director of the Reception/Accommodation facility, upon request by the appellant. This request should not be filed earlier than 3 days before the date of examination of the appeal. This certification confirms that the appellant resided in the facility on the day that the application for the certificate was filed. Appellants, against whom a geographical restriction is imposed must submit a written certification issued by the Police or a Citizens' Service Centre (ΚΕΠ) located at the area of the geographical restriction by the day before the examination of their appeal, confirming that they presented themselves before said authorities. The application for such a certificate must not be filed longer than two days before the date of the appeal’s examination. In case the appellant does not submit the aforementioned certification, it is presumed that they have implicitly revoked their appeal according to Article 86 of Asylum Code. Moreover, in case of force majeure, such as serious illness, serious physical disability or the case of an insurmountable impediment that made the in-person appearance of the appellant impossible, the obligation for the in-person appearance is suspended throughout the duration of the force majeure.640 In these cases, the appellant needs to submit a relevant application, and invoke in a particular manner the incidents that constitute force majeure or unsurmountable impediment that made their appearance inperson impossible; the allegation needs to be proved with written documents and relevant certifications or certificates from a public service. In case the reasons constituting force majeure or insurmountable impediment are proven and under the condition that the appellant appears before the competent authorities, the consequences of the non-appearance are lifted. 634 635 636 637 638 639 640 The Intervention of the Greek Ombudsman (no. 346822/2413/16-01-2024) following a legal NGO’s report was shared within the context of the Athens Legal Aid Working Group, 23 January 2024. Information acquired during the Lesvos LAsWG meeting, 29 October 2024. Ibid. Information acquired during the Lesvos LAsWG meeting, 28 June 2022, from the GCR lawyer based in Kos, and during GCR mission to Chios and visits to Chios RAO and Police Station, 24-26 May 2022. Information acquired from the GCR lawyers based in Lesvos and Kos, and during GCR mission to Chios, 3031 January 2024. "1. The decision to return the third-country national may provide for a period of time for his/her voluntary departure, which shall be between seven (7) and twenty-five (25) days, subject to paragraphs. 2 and 4.” Article 83 paragraph 4 Asylum Code. 126