M.S.S. v. BELGIUM AND GREECE JUDGMENT 25 133. Reasons must be given for negative decisions ordering the transfer of asylum-seekers. When the transfer is to Greece, the reasoning for the order to leave the country refers to the presumption that Greece honours its Community and international obligations in asylum matters and to the fact that recourse to the sovereignty clause is not obligatory under the Dublin Regulation. In some cases, mention is made of the fact that the applicant has adduced no evidence demonstrating the concrete consequences of the general situation for his or her individual situation. 134. There are no accurate statistics for determining the extent to which the Aliens Office applies the sovereignty clause. The positive decisions taken do not specify whether the clause was applied. At most, it appears from the data provided in the 2009 Annual Report of the Aliens Office that in 2009 Belgium issued 1,116 requests to other member States to take charge of asylum applications, 420 of which were to Greece, and that a total of 166 applications were referred to the CGRS. 135. While efforts are being made to determine which State is responsible, the alien may be held or detained in a given place for as long as is strictly necessary, but for no longer than one month. B. The Aliens Appeals Board 136. Decisions taken by the Aliens Office concerning residence may be challenged by appealing to the Aliens Appeals Board. The Aliens Appeals Board is an administrative court established by the Law of 15 September 2006 reforming the Conseil d’Etat and setting up an Aliens Appeals Board. It took over the powers of the Conseil d’Etat in disputes concerning aliens, as well as those of the Permanent Refugee Appeals Board. 137. Appeals against orders to leave the country do not have suspensive effect. The law accordingly provides for the possibility of lodging an application for a stay of execution of such an order. Such an application for a stay of execution must be lodged prior to or, at the latest, at the same time as the appeal against the order. 1. Stay of execution under the extremely urgent procedure 138. By virtue of section 39/82 of the Aliens Act, where imminent danger is alleged, an application for a stay of execution of an order to leave the country may be lodged under the extremely urgent procedure. The Aliens Appeals Board will grant the application if it considers that the grounds relied on are sufficiently serious to justify setting aside the impugned decision, and if immediate execution of the decision is likely to cause serious, virtually irreparable damage to the person concerned. The application for a stay of execution must be lodged no later than five days, but no earlier than three working days, following notification of the order to leave the country. Prior to the entry into force on 25 May 2009 of the Law

اختر الفقرة المستهدفة3