As of the writing of this report, Greece has no experience applying the new law’s
subsidiary protection standard in its asylum adjudications.251 When it does so,
interviewers and adjudicators should be guided by the latest UNHCR return advisory of
December 2007 which recommends that all states should consider asylum seekers from
central and southern Iraq as refugees based on the 1951 Refugee Convention, but also
that those not recognized under the Refugee Convention criteria should be afforded
subsidiary protection.252
The First-instance Interview
The Petrou Ralli police station, where 94 percent of asylum interviews in Greece were
conducted in 2007,253 has one cluttered, noisy, busy room without adequate space for
privacy or time to elicit all relevant information where 10 police interviewers conduct 60
to 75 interviews per day.254 At one end of the same open room where all the interviews
take place stands an inky table where the applicants are fingerprinted.
The legal standard in Greek refugee law holds that “a personal interview shall take place
under conditions which guarantee appropriate confidentiality... [and] which allow
applicants to present the grounds of their applications in a comprehensive manner.”255
In a room awash in paper, movement, and commotion, a private, confidential,
comprehensive interview seems nearly impossible.
UNHCR analyzed 305 asylum first-instance decisions as part of a study on the
Implementation of the European Council’s Qualification Directive and found not only
that all claimants were rejected, but also that “none of these decisions contained any
reference to the facts and none contained any detailed legal reasoning.”256 The rejected
cases included Somalis, Afghans, Sudanese, Sri Lankans, and Iraqis. The rejected Iraqi
251
This is true despite the law’s official retroactive applicability to October 10, 2006 (Article 38).
252
UNHCR, December 2007 Addendum to UNHCR’s August 2007 Eligibility Guidelines for Assessing the International
Protection Needs of Iraqi Asylum-seekers, p. 7,
http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=4766a69d2&page=search (accessed August 28, 2008).
253
Unaccompanied Minors Asylum Seekers in Greece, a study on the treatment of unaccompanied minors applying for asylum
in Greece commissioned by UNHCR’s Office in Greece, April 2008, p. 38.
254
Human Rights Watch interview with Mr. Christos Gavras, head of Asylum Unit, Alien’s Division, Petrou Ralli, June 4, 2008.
255
Presidential Decree90/2008, Articles 7 and 8. Official Gazette, A’ 138/11-07-2008. Presidential decree61/1999, Article 2.3,
said, “For the purposes of the interview, a room specially arranged to ensure confidentiality is being disposed.”
256
UNHCR, “Implementation of the Qualification Directive,” p. 31.
Stuck in a Revolving Door
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