In 2023, 1,599 appeals were rejected as “manifestly unfounded” compared to 1,790 in 2022, without including in the above number the decisions rejecting the appeal as “manifestly unfounded” based on the safe country of origin concept. Currently, there is no available information as to whether these rejections were issued on the basis of provisions imposing the in-person appearance of the appellant or his/her lawyer before the Committee or the communication of certification of residence (Article 83(3) of the Asylum Code to the Committee.397 Examination under a single-member Appeals Committee/three members Appeals Committee: the IPA provides that appeals are examined under a collegial format by the three members Committee,398 or in a single judge format for appeals filed after the deadline as well as for certain appeals in the Accelerated Procedure and the Admissibility Procedure.399 Following an amendment of the Regulation for the functioning of the Appeals Committees which was adopted in November 2020, the categories of cases examined under a single-judge format has been extended, as all appeals submitted by applicant residing in the hotspot islands (Lesvos, Samos, Chios, Kos, Leros) are examined by a single judge committee irrespectively of the procedure applied.400 Issuance of a Decision: Article 106 Asylum Code provides that decisions have to be issued as soon as possible and in any case: (a) Within thirty (30) days of the hearing of the case in regular procedure cases, (b) Within twenty (20) days of the hearing in accelerated procedure case, (c) Within ten (10) days of the hearing in cases where the appellant is under administrative detention, (d) Within twenty (20) days of the hearing in cases when the application is rejected as inadmissible in accordance with Article 89, An exception is introduced for priority cases, as the decision must be issued within 15 days of the hearing. Notification of second instance decision: Similar to the fictitious service at first instance, the Asylum Code provides for the possibility of a fictitious service (πλασματική επίδοση) of second instance decisions as described above.401 Once again, considering that the “fictitious” service of the second instance decision triggers the deadline for lodging an appeal, these deadlines for legal remedies against a negative second instance decision may expire without the applicant being actually informed about the decision. Accordingly, it should be noted that the IPA reduced the deadline for lodging a legal remedy before a Court against a second instance negative decision from 60 days to 30 days from the notification of the decision (see below, Judicial review).402 As noted by the Greek Ombudsman, since the initial introduction of the possibility of a fictitious service in 2018, these provisions “effectively limit the access of asylum seekers to judicial protection” and even if “the need to streamline procedures is understandable ... in a State governed by law, it cannot restrict fundamental democratic guarantees, such as judicial protection”.403 Following the amendment of the IPA in May 2020 which was maintained by the Asylum Code, the right to remain in the country is revoked once the second instance decision is issued, irrespective of when the decision is communicated.404 As noted by UNHCR:405 ‘UNHCR is concerned that such amendment would allow for the removal of a person from the territory before a second instance decision is notified to him/her. The parallel notification of a 397 398 399 400 401 402 403 404 405 MoMA, Statistics published on official ministry website, available in Greek at: https://migration.gov.gr/statistika/, Accessed: 19 February 2024. Article 116(2) IPA. Article 116(2) IPA. Art. 114, Ministerial Decision 26750, Gov. Gazette B’ 4852/4 November 2020. Article 87 and 108 Asylum Code. Article 109 IPA. Ombudsman, Παρατηρήσεις στο σχέδιο νόμου Προσαρμογή της Ελληνικής Νομοθεσίας προς τις διατάξεις της Οδηγίας 2013/33/ΕΕ (αναδιατύπωση 29.6.13) σχετικά με τις απαιτήσεις για την υποδοχή των αιτούντων διεθνή προστασία κ.ά. διατάξεις, April 2018, available in Greek at: https://bit.ly/3vSDu54, pp. 7-8 Article 104(1) IPA, as amended by L. 4686/2020, Article 110 (1) Asylum Code. UN High Commissioner for Refugees (UNHCR), UNHCR Comments on the Draft Law ‘Improvement of Migration Legislation, amendment of provisions of Laws 4636/2019 (A' 169), 4375/2016 (A' 51), 4251/2014 (A' 80) and other Provisions, 12 June 2020, available at: https://bit.ly/3wtPV2V, p. 9. 84