Διαδικασία Β’ Βαθμού | Υπουργείο Μετανάστευσης και Ασύλου

Second Instance Procedure

Key Points of the Second Instance Procedure

The procedure before the Independent Appeals Committees (Articles 97-108 of Law 4939/2022 Government Gazette A’ 111) on international protection and other provision constitutes the second degree of administrative examination of applications for international protection and ensures the right guaranteed in Article 46 of Directive 2013/32/EU to an “effective remedy before a court”. It is completed with the issuance of a decision within specific time limits, that do not exceed thirty (30) days from the hearing of the case (Article 106 of Law 4939/2022), with the exception of the appeals examined under the border procedure, for which the decision is mandatorily issued within seven (7) days from the hearing of the appeal (Article 95 par. 3 subpar. c of Law 4939/2022).

The operation of the Independent Appeals Committees is regulated by the Appeals Authority Rules of Procedure (Ministerial Decision 26750/22.10.2020 – Government Gazette Β’ 4852).

The procedure before the Independent Appeals Committees is a written one and the examination of the appeals is based on the elements in the case file. The appellant is required to appear before the Committee in person or through an attorney (Article 102 par. 1 and 2 of Law 4939/2022). This obligation is waived in the cases provided for in Article 83 par. 3 of Law 4939/2022.

The Independent Appeals Committees shall summon the appellant to an oral hearing when:

the appeal is against a decision withdrawing international protection status,
issues or doubts arise regarding the completeness of the appellant’s interview at the first instance,
the appellant has submitted substantial new evidence concerning essential belated claims (Article 102 par. 3 of Law 4939/2022).

When an oral hearing is conducted, the Appeals Authority shall summon the appellant to appear before the competent Independent Appeals Committee. The appellant shall be notified no later than ten (10) days prior to the date of the hearing, in a language they understand, of the date and place of the hearing, as well as of their right to appear before the Committee in person or with an authorized attorney or other counselor, in order to present their arguments orally and provide any necessary clarifications, with the assistance of a suitable interpreter (Article 102 par. 4 of Law 4939/2022).

The appellant or their authorized attorney may submit a legal note to elaborate on the claims made in the appeal no later than three (3) days prior to the discussion of the appeal. This legal note can be used to present delayed claims. Within the same time limit they are also required to submit the evidence supporting their claims. By way of exception, if the border procedure is applied (Article 95 of Law 4939/2022), the above may submit a legal note until the day before the discussion of the appeal (Article 104 of Law 4939/2022). The President of the Independent Appeals Committee may allow the appellant to submit a legal note, within a time period set by him, for the development of matters presented during the oral hearing (Article 102 par. 6 of Law 4939/2022). The legal note and the additional documents are submitted in person to the Central Secretariat of the Appeals Authority, or sent, in PDF file format of up to 3.5 MB each, via e-mail to the address appealsauthority@migration.gov.gr.

Click here for the “Application for Submission of Additional Documents”

The hearing of an appeal shall be postponed:

if the appellant, who is not present, has not been lawfully summoned or
if requested by the appellant, who, although present, has not been lawfully summoned.

The appellant who is present, or their authorized attorneys, may request the postponement of the hearing only once and only for an important reason, provided that the reason is proven on the spot. Postponed cases are scheduled for discussion at the next hearing date and the date is communicated to the appellant or their authorized lawyer. For the new hearing date, no new notification of the appellant who submitted the request for postponement or of his lawyer is required (Article 103 of Law 4939/2022).

The request is submitted in person to the Central Secretariat of the Appeals Authority or sent by e-mail to the address appealsauthority@migration.gov.gr.

The decision of the Independent Appeals Committees on whether the third-country national or stateless person be granted refugee or subsidiary protection status is final (article 1 point jc of Law 4939/2022).

The decision rejecting an application shall also order the return of the applicant and set a deadline for voluntary departure for this purpose, subject to the provisions of Article 8 par. 4 of Law 5226/2025.
Beneficiaries of international protection are entitled to certain rights (education, housing, healthcare, social security and social assistance). For more information please visit the Asylum Service website.

The second instance decision shall be served to the appellant either in person or through a letter that will be posted to them (or their authorized attorney) by registered mail or sent by e-mail, in accordance with the provisions of Article 87 of Law 4939/2022.

Commencement of the deadline for voluntary departure (if a deadline has been set) and for filing an application of annulment against the decision (Articles 114 and 115 of Law 4939/2022), removal-deactivation of Asylum Seeker Card and Temporary Social Security and Medical Care Number, resulting in loss of the right to access the labor market and healthcare services.

The applicant for international protection may lodge an application for annulment of a second instance decision rejecting an administrative appeal solely before the Administrative Courts of First Instance of Athens and Thessaloniki, having territorial jurisdiction. An application for the annulment of a decision can also be filed by the Minister of Migration and Asylum (Αrticle 114 of Law 4939/2022).

Applicants may stay in the territory of the Country and are granted withholding of removal during the prescribed period for lodging an appeal and until the decision on the appeal is served to them and are protected from return (Article 110 par. 1 of Law 4939/2022). The lodging of the appeal does not have automatic suspensive effect in all cases of asylum seekers. Exceptions are provided in Article 110 par. 2 of Law 4939/2022. In these cases, the possibility of the appellant staying in the Country is determined by a decision of the Independent Appeals Committee, before which the appeal is pending, following a special request by the appellant. After the rejection of the appeal, asylum seekers do not have the right to stay in the Country, but are protected from deportation, readmission or refoulment until the service of the decision rejecting the appeal (Article 97 par. 3 of Law 4939/2022), as well as throughout the term for voluntary departure set with the rejection decision, which can be extended up to sixty (60) days (Article 8 of Law 5226/2025).

When an appellant wishes to modify their personal details during the stage of the examination of the appeal, this is done by a decision of the competent Independent Appeals Committee (Article 84 par. 6 of Law 4939/2022). In case the need for modification of personal details arises after the granting of international protection status or the issuance of a final second instance rejection decision, the modification can be made by a decision of the Administrative Director of the Appeals Authority (Article 84 par. 7 of Law 4939/2022). The prerequisites and necessary supporting documents are determined in the relevant decision of the competent E3/H2 Directorate of Consular Affairs of the Ministry of Foreign Affairs, can be found posted on the website of the Ministry of Foreign Affairs at the link https://www.mfa.gr/kep-politon-kai-apodimon-ellinon.html and are also included in the relevant circular (protocol number 20951/25.10.2018), which regulates issues of modification of personal information of asylum seekers.

The application and the necessary supporting documents (original or certified copies of Passport, National Identity Card or Certificate issued and certified as prescribed in the above decision) are submitted in person to the Central Secretariat of the Appeals Authority or sent as a PDF file, up to 3.5 MB in size, by e-mail to the address appealsauthority@migration.gov.gr .

Click here for the “Application for Modification of Personal Details”

Applicants and the lawyers representing applicants have access to information in their case file, on the basis of which the decision is or will be taken (Article 76 par. 4 of Law 4939/2022), subject to the fourth subparagraph of paragraph 4 of Article 76 of the same law. The request must be submitted in person to the Central Secretariat of the Appeals Authority or sent by e-mail to appealsauthority@migration.gov.gr and the copies are provided in electronic form.

Click here for the “Application for Copies of Case File”

The appellant or their authorized lawyer may submit a request for the acceleration of the hearing of the appeal, which is evaluated by the Appeals Authority. Likewise, they may submit a request for the acceleration of the publication of a decision, which is evaluated by the competent Independent Appeals Committee. The request is submitted in person to the Central Secretariat of the Appeals Authority or sent by e-mail to appealsauthority@migration.gov.gr.

Click here for the “Application for Expedited Hearing of Appeal / Publication of Decision

The appellant or their authorized lawyer may submit an application for the issuance of a certificate on the status of the appeal, in order to be informed about the stage at which the relevant procedure for examining their appeal currently stands. The application is submitted in person to the Central Secretariat of the Appeals Authority or sent by e-mail to appealsauthority@migration.gov.gr.

Click here for the “Application for Information on Appeal Status”