M.S.S. v. BELGIUM AND GREECE JUDGMENT – SEPARATE OPINIONS 109 application only after studying the file for three days) and to take proper legal action. (However, the Aliens Appeals Board dismissed his application, while his personal appearance was hindered by his detention.) Appeals could be lodged with the Aliens Appeals Board at any time, round the clock and with suspensive effect. The Court had confirmed the effectiveness of the procedure in the Quraishi v. Belgium case ((dec.), no. 6130/08, 12 May 2009). In the present case, the Court evaluates only the impossibility for the applicant’s lawyer to get to the hearing. For these reasons, I cannot follow the Court’s conclusion in paragraph 392 of the judgment. Nevertheless, I agree with the Court that there is a systemic problem in the Belgian deportation procedure resulting in the violation of Article 13. While the effectiveness of a remedy does not depend on the certainty of a favourable outcome for the applicant, the lack of any prospect of obtaining adequate redress in the Belgian courts (paragraph 394 of the judgment) is decisive under Article 13. This in itself is sufficient for the finding of a violation.