26 M.S.S. v. BELGIUM AND GREECE JUDGMENT of 6 May 2009, the deadline was twenty-four hours. An application for a stay of execution under the extremely urgent procedure suspends the enforcement of the expulsion order. 139. Section 39/82(4) provides for an application for a stay of execution under the extremely urgent procedure to be examined within forty-eight hours of its receipt by the Aliens Appeals Board. If the President of the division or the judge concerned does not give a decision within that time, the First President or the President must be informed and must ensure that a decision is taken within seventy-two hours of the application being received. They may even examine the case and take the decision themselves. 140. Under the case-law established by the Conseil d’Etat and followed by the Aliens Appeals Board, deprivation of liberty is enough to establish the imminent nature of the risk, without a departure having actually been scheduled. 2. Examination of the merits 141. The Aliens Appeals Board then proceeds to review the lawfulness of the impugned decision under section 39/2(2) of the Aliens Act, verifying that the administrative authority’s decision relies on facts contained in the administrative file, that in the substantive and formal reasons given for its decision it did not, in its interpretation of the facts, make a manifest error of appreciation, and that it did not fail to comply with essential procedural requirements or with statutory formalities required on pain of nullity, or exceed or abuse its powers (see, for example, Aliens Appeals Board, judgment no. 14.175 of 31 July 2008). 142. Where the application for a stay of execution is rejected and the applicant deported, the proceedings on the merits continue. The Aliens Appeals Board may dismiss appeals against the order to leave the country, however, on the ground that as the applicants are no longer in the country they no longer have any interest in challenging that order (judgment no. 28.233 of 29 May 2009; see also judgment no. 34.177 of 16 November 2009). 3. Case-law of the Aliens Appeals Board in “Dublin” cases 143. The first cases in which asylum-seekers reported difficulties in accessing the asylum procedure in Greece date back to 2008. In its judgment no. 9.796 of 10 April 2008, the Aliens Appeals Board stayed the execution of a “Dublin” transfer to Greece under the extremely urgent procedure because the Greek authorities had not responded to the request for them to take charge of the asylum application concerned and the Aliens Office had not sought individual guarantees. The Aliens Appeals Board found that a tacit agreement failed to provide sufficient guarantees of