The second instance asylum procedure is regulated by Articles 97-118 of Law No 4939/2022 on Reception, international protection of third-country nationals and stateless persons, and temporary protection in the event of a mass influx of displaced foreign nationals. 

There are three types of legal remedies against a decision on international protection taken by the Greek Asylum Service (Υπηρεσία Ασύλου, GAS). An applicant can lodge an appeal (prosfiyi) against a GAS decision before the Appeals Authority (Article 97 Law No 4939/2022). The Appeals Authority comprises 21 Independent Appeals Committees, which are quasi-judicial bodies specialised in international protection cases and competent to examine the appeals in terms of facts and law. An appeal before the Appeals Authority has an automatic suspensive effect (with exceptions). 

An applicant can further file an application for annulment (aitisi akyrosis) against the decision of a Committee before the competent administrative court of first instance of Athens and Thessaloniki (Article 114 Law No 4939/2022). The Administrative Court can only examine the legality of the decision and not the merits of the case. The second appeal does not have an automatic suspensive effect. 

There is no cassation in asylum cases, but certain cases reach the Council of State when the legality of Joint Ministerial Decisions is questioned (Article 15(1) and (5) Law No 3068/2002, as amended by Article 57(1) Law No 4689/2020). In addition, the administrative court of first instance may send a preliminary reference to the Council of State in applications for an annulment that raise constitutionality issues. 

According to Greek law, an international protection decision is considered final when an appeal cannot be brought against the decision issued by GAS because the relevant time limits have expired. When an appeal has been lodged, the decision issued by the Independent Appeal Committees is considered final (Article 1(23) Law No 4939/2002).