82 M.S.S. v. BELGIUM AND GREECE JUDGMENT a lack of diligence on the applicant’s part. It fails to see how his counsel could possibly have reached the seat of the Aliens Appeals Board in time. As to the possibility of requesting assistance from a round-the-clock service, the Court notes in any event that the Government have supplied no proof of the existence of such a service in practice. 393. Regarding the usefulness of continuing proceedings to have the order to leave the country set aside even after the applicant had been transferred, the Court notes that the only example put forward by the Government (see paragraphs 151 and 382 above) confirms the applicant’s belief that once the person concerned has been deported the Aliens Appeals Board declares the appeal inadmissible as there is no longer any point in seeking a review of the order to leave the country. While it is true that the Aliens Appeals Board did examine the complaints under Article 3 of the Convention in that judgment, the Court fails to see how, without its decision having suspensive effect, the Aliens Appeals Board could still offer the applicant suitable redress even if it had found a violation of Article 3. 394. In addition, the Court notes that the parties appear to agree to consider that the applicant’s appeal had no chance of success in view of the constant case-law, mentioned above, of the Aliens Appeals Board and the Conseil d’Etat, and of the impossibility for the applicant to demonstrate in concreto the irreparable nature of the damage caused by the alleged potential violation. The Court reiterates that while the effectiveness of a remedy does not depend on the certainty of a favourable outcome for the applicant, the lack of any prospect of obtaining adequate redress raises an issue under Article 13 (see Kudła, cited above, § 157). 395. Lastly, the Court points out that the circumstances of the present case clearly distinguish it from the Quraishi case (cited above) relied on by the Government. In the latter case, which concerns events dating back to 2006 and proceedings before the Aliens Appeals Board in 2007, that is to say a few months after the Board began its activities, the applicants had obtained the suspension of their expulsion through the intervention of the courts. What is more, they had not at that stage been expelled when the Court heard their case and the case-law of the Aliens Appeals Board in “Dublin” cases had not by then been established. 396. In view of the foregoing, the Court finds that there has been a violation of Article 13 taken in conjunction with Article 3 of the Convention. It follows that the applicant cannot be faulted for not having properly exhausted the domestic remedies and that the Belgian Government’s preliminary objection of non-exhaustion (see paragraph 335 above) cannot be allowed. 397. Having regard to that conclusion and to the circumstances of the case, the Court considers that there is no need to examine the applicant’s complaints under Article 13 taken in conjunction with Article 2 of the Convention.

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