Written procedure: As a rule, the procedure before the Appeals Committee is conducted in writing and
the examination of the Appeal is based on the elements in the case file.381 The Appeals Committees shall
invite the appellant to an oral hearing when:382
(a) The appeal is lodged against a decision which withdraws the international protection status (see
Cessation and Withdrawal);
(b) Issues or doubts are raised relating to the comprehensiveness of the appellant’s interview at first
instance;
(c) The appellant has submitted substantial new elements
Under L 4375/2016, the appellant could also be invited to an oral hearing if the case presented particular
complexities,383 which is no longer the case.
Data on the number of appellants invited to an oral hearing before the Appeals Committee have since not
been provided by the MoMA, even though GCR has requested it on a yearly basis. Instead, following the
latest such request sent by GCR in January 2024, the MoMA replied by referring GCR to the Ministry’s
website “and in particular at the link https://migration.gov.gr/statistika/ [where] the monthly newsletters are
published, alongside relevant annexes, which include summary and detailed statistical data on the work
of the First Reception Service, the Asylum Service and the Appeals Authority […]”.384 Yet a closer look at
the public sources referred to by the MoMA highlights that the specific data is not available.
Article 105 IPA first provided for the prohibition of the Appeals Committee to revert a case back to the
Asylum Service for a new first instance interview. This prohibition posed difficulties for cases which were
rejected by the Asylum Service as inadmissible on Safe Third Country grounds. In such cases, rejected
asylum seekers had only been interviewed at first instance on points relating to the “safe third country”
concept and not on the merits of their claim. Appeals Committees did not adopt a consistent approach:
while some ordered an oral hearing for the applicant to substantiate their application on the merits,385
others proceeded directly to an assessment of the case sur dossier. This resulted in grants of subsidiary
protection to applicants on the basis that they did not meet the criteria for refugee status, even though
they were never requested to provide information on their reasons for fleeing their country of origin, e.g.,
Syria.386 In 2021, 250 appellants were invited for an oral hearing before the Appeals Committees.387 Article
111 of the Asylum Code, whilst maintaining the prohibition on reverting cases back to the first instance,
provides that in cases when the Appeals Committee considers it necessary to hold an interview, the
interview shall be conducted by the Committee itself, in accordance with the provisions of Article 82.388
The Council of State held that the above provision on the prohibition of reverting cases back to the Asylum
Service is compliant with the EU Directive 2013/32/EU, since the interview conducted by the Appeals
Committee with the applicant ensures the respect of requirements and guarantees provided in the
Directive for the personal interview389.
Obligation of the Appellant to be present before the Appeals Committees on the day of the
examination: Despite the fact that the procedure before the Appeals Committees remains written without
hearings as a rule, Articles 102(2) and 83(3) of the Asylum Code impose an obligation on the appellant
381
382
383
384
385
386
387
388
389
Article 102(1) Asylum Code.
Article 102(3) Asylum Code.
Article 62(1)(d) L 4375/2016.
MoMA, Analysis and Studies Office, Reply to GCR’s request for information for the preparation of the
updated Annual Report on Greece for 2023 in the framework of the Asylum Information Database (AIDA)
project, received on 14 February 2024 (protocol number: 55259).
21st Appeals Committee, Decision 29458/2020, 19 November 2020; 10th Appeals Committee, Decision
22083/2020, 28 April 2021; 5th Appeals Committee, Decision 202299/2021, 25 August 2021; 21st Appeals
Committee, Decision 364000/2021, 4 November 2021; 21st Appeals Committee, Decision 398486/2021, 19
November 2021.
5th Appeals Committee, Decision 12366/2020, 14 September 2020; 5th Appeals Committee, Decision
12365/2020, 2 October 2020; 21st Appeals Committee, Decision 28217/2020, 7 December 2020; 10th Appeals
Committee, Decision 25173/2020, 19 November 2021; 20th Appeals Committee, Decision 29118/2020, 19
November 2021.
Information provided by the Appeals Authority, 2022.
Article 111 Asylum Code.
Council of State, Decision Nr. 689/2021, March 2021.
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