PROCEDURES AT SECOND INSTANCE (Law 4375 / CHAPTER D)

Law 4375 (Country: Greece)

On the organization and operation of the Asylum Service, the Appeals Authority, the Reception and Identification Service, the establishment of the General Secretariat for Reception, the transposition into Greek legislation of the provisions of Directive 2013/32/EC “on common procedures for granting and withdrawing the status of international protection (recast(” (L 180/29.6.2013), provisions on the employment of beneficiaries of international protection and other provisions

Content of the law – 1   2   3   4   5   6   7   8   9   10   11   12

CHAPTER D

PROCEDURES AT SECOND INSTANCE

Article 61

The right to lodge an appeal

Article 46 of the Directive)

1. The applicant has the right to lodge a quasi-judicial appeal provided for in article 7, paragraph 5 above before the Appeals’ Authority set of Article 4:

a. Against the decision rejecting the application for international protection as unfounded under the regular procedure or withdrawing this status, as well as against the part of the decision that grants subsidiary protection for the part rejecting refugee status, within thirty (30) days from the notification of this decision.

b. Against the decision rejecting the application for international protection under the accelerated procedure, or as inadmissible, according to Articles 51 paragraph 7 and 54 respectively, as well as in cases where the appeal is submitted while the applicant is in detention, within fifteen (15) days from the notification of this decision. The appeal against the decision rejecting an application for international protection as inadmissible pursuant to Article 54 paragraph 1(b) shall also be deemed to be against the relevant transfer act pursuant to the relevant provisions of Council Regulation 604/2013 of the European Parliament and of the Council.

c. Against the decision rejecting the application for the continuation of the examination procedure after an interruption decision has been made, pursuant to Article 47 paragraph 4, within fifteen (15) days from the notification of this decision.

d. Against the decision rejecting an application for international protection in cases of article 60 or when the appeal is submitted in a Reception and Identification procedure, within five (5) days from the notification of this decision.

2. Without prejudice to the application of the procedure of Article 59 of the present law, the International Protection Applicant’s Card shall be re- issued in case an appeal is lodged; its period of validity shall be determined by the provisions of Article 41 paragraph 1(d) respectively. In case an appeal is lodged after the aforementioned time limits, the duration of the Card of the applicant of international protection may be restricted by a decision, pursuant to paragraph 1(d)(vi vi) of Article 41, depending on the estimated time of issuing the decision over the appeal.

3. In case of an appeal against a decision withdrawing the status of international protection, pursuant to Article 63, the residence permit shall be given back to the applicant.

4. During the time limit provided for an appeal and until the notification of the decision on the appeal, all measures of deportation, readmission, or return of the applicant shall be suspended.

5. The appeals shall be submitted before the Receiving Authorities and shall be forwarded, immediately, to the Appeals Authority.

6. If the decision at first instance is not notified, for any reason, the time limit for appeal is sixty (60) days counting from the expiration date of the Card of the applicant for international protection, or, in case the validity of the Card expires before the issuing of the decision, sixty (60) days from the date of issuing of the decision. In case the applicant is a detainee who has been released and a Card has not been issued to him/her, the aforementioned time limit shall count after the time limit for his/her appearance before the receiving authority, pursuant to Article 41 paragraph (1)(d)(vii), third indent.

 

Article 62

Examination procedure of the appeals

1. The procedure before the Appeals Committee shall be, as a rule, in writing and the examination of the appeals shall be performed based on the elements from the case file, without the presence of the appellant. The Appeals Committee shall invite the appellant to an oral hearing when:

a. the appeal is lodged against a decision which withdraws the international protection status,

b. issues or doubts are raised relating to the thoroughness of the appellant’s interview at first instance,

c. The appellant has submitted new serious evidence relating to posterior claims,

d. the case is particularly complicated,

e. the appellant submits a relevant request at least two (2) days before the examination of the appeal.

2. When an appeal is lodged, the competent Receiving Authority shall inform, on the same day, the appellant on the date the appeal will be examined. The examination of the appeal shall be carried out:

a. at the earliest twenty (20) days after the submission of an appeal against a decision rejecting an application for international protection under the regular procedure as unfounded or withdrawing the international protection status.

b. at the earliest ten (10) days after the submission of the appeal lodged against a decision rejecting an application for international protection through the accelerated procedure or as inadmissible according to the provisions in articles 16 paragraph 4 and 18 respectively.

c. at the earliest five (5) days after the submission of the appeal lodged against a decision rejecting an application for international protection through the procedure set in Article 60 or submitted when the appellant is in a Reception and Identification Centre.

The appellant may submit any supplementary evidence or a written memorandum up till the day before the examination date of his/her appeal.

3. When the appeal is examined through the oral hearing procedure, the Appeals Authority shall invite the appellant before the competent Committee. The appellant shall be informed at least five (5) working days before the date of the examination of his/her appeal in a language which he/she understands of the place and date of examination of the appeal, as well as his/her right to attend in person and/or with a lawyer or other counsellor, in order to explain before the Committee orally, with the assistance of an appropriate interpreter, his/her arguments and provide any clarifications. The appellant’s absence shall not obstruct the examination of the appeal provided that the appellant has been invited according to the provisions of article 40 above. After the conclusion of the oral hearing, the appellant may be given, following a relevant request, reasonable time, which cannot be shorter that three (3) days and longer than fifteen days (15), to submit supplementary evidence or a written submission.

4. Appeals submitted after the expiration of the time limits set in Article 61 paragraph (1), shall always be examined in priority and at the latest thirty (30) days after the submission of the appeal. Similarly, appeals against cases under Article 51 paragraph (6) above may be examined as a priority.

5. The Administrative Director of the Appeals’ Authority shall ensure the adequate secretarial support of the Committees, the provision of appropriate interpretation services and shall sign the agenda as provided by the law and the internal regulation of the Appeals Authority. The agenda, together with the relevant administrative files, shall be communicated to the members of the Appeals Committees five (5) days before the day of the examination of the appeals.

6. The examination of the appeals shall be concluded the soonest possible after their submission and, under all circumstances, no later than six (6) months when the regular procedure is applied or three (3) months under the accelerated procedure.

7.  During the examination procedure of the appeal, the Committee shall examine both the legality of the act under appeal and the merits of the case, shall accept or reject the appeal and issue a relevant decision. The decision on the appeal shall be notified to the appellant according to the provisions of Article 40 of this law.

Content of the law

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