M.S.S. v. BELGIUM AND GREECE JUDGMENT
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109. PD no. 81/2009 provides for the decentralisation of the examination
of asylum applications at first instance and the setting up of refugee
advisory committees in all fifty-two police headquarters around the country
(Article 3). The examination procedure itself has not changed, but it now
takes place in all fifty-two police headquarters in the different regions.
110. The decisions are taken on an individual basis, after careful,
objective and impartial examination. The authorities gather and assess
precise, detailed information from reliable sources, such as that supplied by
the UNHCR on the general situation in the country of origin (Article 6 § 2
of PD no. 90/2008). As at every other stage of the procedure, applicants are
provided with an interpreter at the State’s expense (Article 8 § 1 (b) of PD
no. 90/2008).
111. They have the right to consult legal or other counsel at their own
expense (Article 11 § 1 of PD no. 90/2008).
112. The decision is served on the applicant or his or her lawyer or legal
representative (Article 8 § 1 (d) of PD no. 90/2008). On this subject,
point 10 in the brochure reads as follows:
“... The [pink] card must mention the place of residence you have declared or the
reception centre assigned to you for your stay. When the decision is given, it will be
sent to the address you declared; that is why it is important to inform the police of any
change of address without delay.”
113. If the address is unknown, the decision is sent to the municipality
where the head office of the service where the asylum application was
lodged is located, where it will be displayed on a municipal notice board
and communicated to the UNHCR (Article 7 § 2 of PD no. 90/2008).
114. The information is communicated in a language which the asylumseeker may reasonably be supposed to understand if he or she is not
represented and has no legal assistance (Article 8 § 1 (e) of PD
no. 90/2008).
(c) Appeals against negative decisions
115. Until 2009, the refugee advisory committees examined asylum
applications at second instance where these had been rejected (Article 25 of
PD no. 90/2008). The UNHCR sat on these committees (Article 26 of PD
no. 90/2008). Thereafter, it was possible to apply to the Supreme
Administrative Court to quash the decision. Article 5 of PD no. 81/2009 did
away with the second-instance role of the refugee advisory committees.
Since 2009 appeals against the first-instance decision have lain directly to
the Supreme Administrative Court. In July 2009 the UNHCR decided that it
would no longer take part in the procedure.
116. Unless the applicant has already been given the relevant
information in writing, a decision to reject an application must mention the
possibility of lodging an appeal, the time-limit for doing so and the