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M.S.S. v. BELGIUM AND GREECE JUDGMENT
consequences of letting the deadline pass (Articles 7 § 3 and 8 § 1 (e) of PD
no. 90/2008).
117. Appeals to the Supreme Administrative Court do not suspend the
execution of an expulsion order issued following a decision to reject an
application for asylum. However, aliens have the right to appeal against a
deportation order within five days of receiving notification thereof. The
decision is then given within three working days from the day on which the
appeal was lodged. This type of appeal suspends the enforcement of the
expulsion decision. Where detention is ordered at the same time as
expulsion, the appeal suspends the expulsion but not the detention
(section 77 of Law no. 3386/2005).
118. Asylum-seekers are entitled to legal aid to lodge appeals to the
Supreme Administrative Court provided that the appeals are not manifestly
inadmissible or ill-founded (Article 11 § 2 of PD no. 90/2008).
(d) Protection against refoulement
119. Law no. 3386/2005, as amended by Law no. 3772/2009
(section 76(1)(c)), authorises the administrative expulsion of an alien in
particular when his or her presence in Greece is a threat to public order or
national security. Aliens are considered to represent such a threat if there are
criminal proceedings pending against them for an offence punishable by
more than three months’ imprisonment. Illegally leaving the country and
using a false passport or other travel document are criminal offences under
sections 83(1) and 87(7) of Law no. 3386/2005.
120. However, asylum applicants and refugees are excluded from the
scope of this Law (sections 1(c) and 79(d)). Asylum-seekers may remain in
the country until the administrative procedure for examining their
application has been completed, and cannot be removed by any means
(Article 1 § 1 of PD no. 61/1999 and Article 5 § 1 of PD no. 90/2008).
(e) Authorisation to stay for humanitarian reasons and subsidiary protection
121. In exceptional cases, particularly for humanitarian reasons, the
Minister of Public Order (now the Minister of Civil Protection) may
authorise the temporary residence of an alien whose application for refugee
status has been rejected, until it becomes possible for him or her to leave the
country (section 25(6) of Law no. 1975/1991). Where such authorisation is
given for humanitarian reasons, the criteria taken into account are the
objective impossibility of removal or return to the country of origin for
reasons of force majeure, such as serious health reasons, an international
boycott of the country of origin, civil conflicts with mass human rights
violations, or the risk of treatment contrary to Article 3 of the Convention
being inflicted in the country of origin (Article 8 § 2 of PD no. 61/1999). In
this last case, the Supreme Administrative Court considers that taking into
consideration the risks in respect of Article 3 of the Convention is not an