M.S.S. v. BELGIUM AND GREECE JUDGMENT 79 latter did not question the approach of the Aliens Appeals Board and considered that the situation raised no issue under Article 13 of the Convention. 2. The Belgian Government 378. The Belgian Government affirmed that the applicant had had several remedies open to him before the domestic courts that met the requirements of Article 13 of the Convention, but that he had not properly exhausted them. 379. On the question of the extremely urgent procedure for applying for a stay of execution, the Government pointed out that appeals could be lodged with the Aliens Appeals Board twenty-four hours a day, with suspensive effect, and that the Court had confirmed the effectiveness of the procedure in the Quraishi v. Belgium case ((dec.), no. 6130/08, 12 May 2009). They alleged that the applicant had placed himself in an urgent situation by appealing to the Aliens Appeals Board only a few hours before his departure, when he had been taken into custody ten days earlier, under an order to leave the country. Penalising an applicant’s lack of diligence was a long-standing practice of the Conseil d’Etat, and was justified by the exceptional nature of the procedure, which reduced the rights of the defence and the investigation of the case to a minimum. The fact that the flight had not been scheduled until 27 May 2009 was immaterial because, except in the example given by the applicant, the constant case-law of the Aliens Appeals Board showed that deprivation of liberty sufficed to justify the imminent nature of the danger. 380. Furthermore, there was the fact that, in view of its urgency, the case had been scheduled for immediate examination but no one had attended the hearing, even though the applicant’s counsel could have asked the permanent service of the legal aid office in Brussels to represent him before the Aliens Appeals Board. 381. The Government disputed the applicant’s argument that his request for a stay of execution had no chance of succeeding, producing five of the Board’s judgments from 2008 and 2009 ordering the suspension of transfers to Greece under the extremely urgent procedure on the ground that, in view of the gravity of the applicants’ complaints under Article 3 of the Convention, the order to leave the country was not, prima facie, sufficiently well-reasoned. According to the Government, it was always in the applicants’ interest to proceed with their applications for judicial review so as to give the Aliens Appeals Board and then the Conseil d’Etat an opportunity to propose a solution and analyse the lawfulness of the impugned measures. 382. The fact that the applicant had been removed in the interim should not have deterred him from continuing. In support of that affirmation the Government cited the Aliens Appeals Board’s judgment no. 28.233 of