22 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

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