80 M.S.S. v. BELGIUM AND GREECE JUDGMENT 29 May 2009, which had declared an appeal admissible even though the applicant had already been transferred. The application was subsequently dismissed because there had no longer been any interest at stake for the applicant as the application concerned the order to leave the country and he had not demonstrated in concreto that there had been any violation of Article 3 of the Convention. 383. As regards the merits, the Government confirmed that, as it did when determining the existence of irreparable damage at the suspension stage, the constant case-law of the Aliens Appeals Board, which was in fact based on that of the Court, required the applicants to demonstrate the concrete risk they faced. However, just as the effectiveness of a remedy within the meaning of Article 13 did not depend on the certainty of it having a favourable outcome, the Government submitted that the prospect of an unfavourable outcome on the merits should not be a consideration in evaluating the effectiveness of the remedy. 384. The UNHCR, intervening as a third party, considered that the constant case-law of the Aliens Appeals Board and the Conseil d’Etat effectively doomed to failure any application for the suspension or review of an order to leave the country issued in application of the Dublin Regulation, as the individuals concerned were unable to provide concrete proof both that they faced an individual risk and that it was impossible for them to secure protection in the receiving country. In adopting that approach the Belgian courts automatically relied on the Dublin Regulation and failed to assume their higher obligations under the Convention and the international law on refugees. B. The Court’s assessment 385. The Court has already found that the applicant’s expulsion to Greece by the Belgian authorities amounted to a violation of Article 3 of the Convention (see paragraphs 359 and 360 above). The applicant’s complaints in that regard are therefore “arguable” for the purposes of Article 13. 386. The Court notes first of all that in Belgian law an appeal to the Aliens Appeals Board to set aside an expulsion order does not suspend the enforcement of the order. However, the Government pointed out that a request for a stay of execution could be lodged before the same court “under the extremely urgent procedure” and that unlike the extremely urgent procedure that used to exist before the Conseil d’Etat, the procedure before the Aliens Appeals Board automatically suspended the execution of the expulsion measure by law until the Board had reached a decision, that is, for a maximum of seventy-two hours. 387. While agreeing that that is a sign of progress in keeping with the judgment in Čonka (cited above, §§ 81-83, confirmed by the judgment in Gebremedhin [Gaberamadhien], cited above, §§ 66-67), the Court reiterates