representatives’ requests that vulnerability assessments be completed prior to the interview. Accordingly,
in such cases, vulnerable applicants cannot benefit from the foreseen reasonable time for preparation,
since they have not had the opportunity to be identified as such (i.e. vulnerable).
Article 74(3) Asylum Code expressly foresees that communication with the applicants (including as part
of interviews) may be conducted in the official language of their country of origin, or in another language
that they are reasonably considered to understand, if it has been proven manifestly impossible for the
authorities to provide interpretation in their native language. In practice, applicants’ refusal to undergo
procedures in the official language of their country of origin, rather than their native languages, may be
considered a violation of their obligation to cooperate with the authorities and can lead to the rejection of
their application (see relatively Articles 39, 74, 83 and 93 Asylum Code).
According to the Article 83 (9 and 10) Asylum Code :
Applicants shall be specifically informed of these obligations and their rights pursuant to this Article
and Article 74 of this Code in a language they understand in a simple and accessible manner and a
certificate to this effect shall be drawn up, indicating the language of communication. In all other
respects, paragraph 1 shall apply mutatis mutandis. 2 of Article 74 of this Code shall apply mutatis
mutandis. In the event of a breach of the duty to cooperate with the competent authorities, as specified
in the preceding paragraphs, in particular, failure to communicate with the authorities and failure to
cooperate in order to ascertain the information necessary for the examination of the application, which
impedes the smooth completion of the procedures for examining the application for international
protection, the application for international protection or the appeal shall be deemed to be implicitly
withdrawn in accordance with the provisions of Article 86 of this Code. And Article 74 (2 abcd and 6)
“When making an application for international protection, applicants have the right to be informed in
writing, in a language they understand, in a simple and accessible way, so that they can effectively
understand the content of the document:
(a) the procedure to be followed,
(b) their rights,
(c) their duty to cooperate with the national authorities at every stage of the procedure and their
obligations,
(d) the consequences of breaching the duty of cooperation with the national authorities by failing
to comply with their obligations. In particular, they are reminded of the consequences of not being
found at the declared place of residence or address, of the express or implied withdrawal of their
application, of not appearing in person at any stage of the procedure, “ “ Applicants shall be
informed in a language they understand, in a simple and accessible manner, of the outcome of
the decision on the application for international protection, as well as of the possibility of appealing
against the negative decision, the relevant time limit and the body before which the decision is
appealed, and the place of its seat.
According to the Article 86 (1) Asylum Code:
[…] Where it is not possible to examine the application adequately on the basis of the information
available to the service, as provided for in the previous subparagraph, the Deciding Authorities shall
stop the examination of the application and issue a decision to discontinue. The decision to
discontinue the examination of the application for international protection shall also order the return
of the applicant, in accordance with the provisions of Act No. 3907/2011 and Law No. 3386/2005. The
aforementioned acts shall be notified as provided for in Article 87 of this Code.” (2)(e) (g) “Implied
withdrawal shall be deemed to exist in particular where it is established that the applicant has not
complied with the obligations set out in Article 83 of this Code, or has not fulfilled the reporting or
other communication obligations...does not cooperate with the authorities in breach of the duty to
cooperate, as defined in Article 83”
According to Article 95(3)(b) Asylum Code, the personal interview may be conducted by Asylum Service
or EUAA personnel or, “in particularly urgent circumstances”, by trained personnel of the Hellenic Police
129