Rejection
If your application is rejected or you are granted subsidiary protection status at the first instance and you consider that you are entitled to refugee status, you have the right to lodge an appeal before the Appeals Authority (second instance). You must submit your appeal to the Regional Asylum Office or at the Asylum Unit that issued the rejection decision within the deadline indicated in the decision you received.
If you live in an Accommodation Facility far from the Regional Asylum Office or the Asylum Unit that issued the decision, you may file an appeal at the nearest Regional Asylum Office. In this case, the appeal is sent electronically on the same day to the Regional Asylum Office or the Asylum Unit that issued the decision.
The appeal is submitted in person at the competent office of the Asylum Service and by presenting a document (appeal) signed by you or your lawyer. If you are a detainee, you must submit your appeal to the Head of the detention centre, who will then send the appeal electronically to the Regional Asylum Office or the Asylum Unit that issued the decision.
Upon lodging an appeal, you will be issued a new International Protection Applicant Card, where applicable.
The Asylum Service has a registry of lawyers who can support you free of charge for the lodging and examination of your appeal at the second instance. You may apply for legal assistance online.
Your appeal will be examined by an Independent Appeals Committee. The Independent Appeal Committee will examine appeals based on the information on file and you will not be summoned for an interview, except in specific cases where the Committee considers that you should be summoned. In any case, you will be informed about the date of the examination of your appeal as well as about when you can, if you wish, submit additional information for the Independent Appeals Committee to consider.
You are required to be present in person at the seat of the Appeals Authority on the date of the hearing of your appeal. If you fail to appear, your appeal will be rejected.
In case you are staying in a Reception or Accommodation Facility and neither you nor your lawyer can attend, you should request that a certificate from the Head of the Reception or Accommodation Facility stating that you are staying there be sent to the Appeals Authority by the day before the hearing.
If you have been imposed a restriction on your freedom of movement or an obligation to reside in a specific place outside the region of Attica, you may either be represented by your attorney or send the Appeals Authority no later than the day before the hearing of the case, a certificate from the relevant police station or the Citizen Service Centre (KEP) of the area where you reside, stating that you have appeared before them.
If your lawyer does not appear and does not provide the Appeals Authority with the above certificates, your appeal will be rejected.
While your appeal is pending, you may resign from it. You must appear in person to the Regional Asylum Office where you submitted your appeal or to the Regional Office nearest to your place of residence and resign in writing. If you resign, your appeal will not be examined, and you will have to leave the country if you do not hold another residence permit.
The Independent Appeals Committee may consider that you are not interested in continuing the examination of your appeal (implicit withdrawal) and will not examine it:
- If you refuse to provide information of great importance for your application, that the authorities have asked from you.
- If you abscond from the place of detention.
- If you fail to comply with the obligations imposed on you by the Police in lieu of detention.
- If you leave the place of residence designated by the authorities without informing them.
- If you leave the country without seeking permission from the Asylum Service.
- If you do not inform the Asylum Service promptly of a change of your address and contact details.
- If you do not contact the Appeals Authority when requested to.
- If you fail to produce documents which you have or ought to have in your possession and which you can produce.
- If you do not show up to renew your card no later than the working day following its expiry date.
- If you do not attend your personal interview or hearing, if you have been summoned to by the Appeals Authority.
- If you fail to cooperate with the authorities in breach of the obligation to cooperate.
- If you fail to comply with a transfer decision, thereby preventing the smooth completion of the procedures for examining the application for international protection.
If the Independent Appeals Committee decides to summon you to an interview or hearing, you will be informed no later than ten (10) days before the date set. You have the right to appear before the Appeals Committee with an attorney or other counsellor.
The Independent Appeals Committee will decide to grant you refugee or subsidiary protection status or reject your appeal.
The decision on the appeal can be issued within fifteen (15) days to three (3) months, depending on the case.
If your appeal against a negative decision is rejected, the Independent Appeals Committee will issue a decision to return you to your country of origin.
If your appeal is rejected or if you are granted subsidiary protection status while you consider yourself entitled to refugee status, you may file an application for annulment with the competent local Administrative Court of First Instance within thirty (30) days starting on the next day after the decision was served to you, with the assistance of a lawyer and at your own expense.
The application for annulment does not have an automatic suspensive effect, meaning that your removal from the country is possible in case your appeal was rejected. In order for your removal to be suspended, a suspension application must be lodged together with the application for annulment before the competent Administrative Court of First Instance and this suspension application must be granted.
If your appeal is rejected, you may be detained in a Pre-Removal Detention Centre until your removal is completed. You will remain in detention in the Pre-Removal Detention Centre even if you have filed a subsequent application, and/or an application for annulment and/or a suspension application.
For more specific information on the asylum procedure at the second instance, please access the Appeals Authority website.