relevant to the interview, while other caseworkers proceed to further investigate the incidents by asking
focused questions.
5.3. Appeal
Indicators: Fast-track border procedure: Appeal
Same as regular procedure
1. Does the law provide for an appeal against the decision in the accelerated procedure?
Yes
No
v If yes, is it
Judicial
Administrative
v If yes, is it suspensive
Yes
Some grounds
No
In 2023, a total of 960 appeals were lodged on the islands against first instance decisions by the Asylum
Service.556
Changes in the Appeals Committees
As noted in the Regular procedure, Article 148 Asylum Code557 provides that the Appeals Committees
under the Independent Appeals Authority, comprised of administrative judges, may operate in a single or
three-member composition.
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.558 The Appeals Committee examining the appeal must
make a decision within seven days,559 contrary to 30 days in the regular procedure.560 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.
From 1 December 2019 to 31 December 2023, the average time from appeal lodging to issuance of
decision (12,334 second instance decisions in total as regards appeals against islands’ RAOs first
instance decisions) was 81 days.561
Additionally, from 1 December 2019 to 31 December 2023, the average time from appeal examination to
issuance of decision by the Appeals Committees (12,972 decisions in total) was 55 days.562
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.563
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
556
557
558
559
560
561
562
563
MoMA, Statistics, Consolidated Reports - Overview: December 2023 - International Protection | Appendix A,
available at: https://tinyurl.com/yc2stzh7, table 10a.
Previously Article 116 IPA.
Article 95(3)(c) Asylum Code.
Article 95(3)(c) Asylum Code.
Article 106(1)(a) Asylum Code.
MoMA, Statistics, Consolidated Reports - Overview: December 2023 - International Protection | Appendix A,
available at: https://tinyurl.com/yc2stzh7, p. 11.
Ibid.
Article 102(3) Asylum Code.
120
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