safe country of origin concept to 20 days. This practice is based on Article 95 (2) Asylum Code.603 The
same practice has been observed by legal aid actors in Kos RAO;604 the practice was first noticed at the
beginning of 2023 and has continued throughout 2024.
Furthermore, the total number of unaccompanied minors examined under border procedures in 2024 is
not available. In particular, as far as unaccompanied minors are concerned, Article 80 (7) Asylum Code
provides that applications filed by minors under the age of 15, as well as minors who are victims of human
trafficking, torture, rape or other serious forms of psychological, physical or sexual violence are to be
examined under the regular procedure. However, Article 95 (4) Asylum Code provides that
unaccompanied minors are examined under the fast-track border procedure if:
❖ the minor comes for a country designated as a safe country of origin in accordance with the
national list (according to Article 92 (5) Asylum Code);
❖ they submit a subsequent application;
❖ they are considered a threat to the public order/national security;
❖ there are reasonable grounds to believe that a country can be considered as a safe third country
for the minor, and if it is in line with the best interest of the minor;
❖ the unaccompanied minor has misled the authorities by submitting false documents or they have
destroyed or they have lost in bad faith their identification documents or travel document, under
the conditions that they or their guardian be given the opportunity to provide sufficient justification
for it.
5.2. Personal interview
Indicators: Fast-track border procedure: Personal interview
Same as regular procedure
1. Is a personal interview of the asylum applicant in most cases conducted in practice in the
accelerated procedure?
Yes
No
❖ If so, are questions limited to nationality, identity, travel route?
Yes
No
❖ If so, are interpreters available in practice, for interviews?
Yes
No
2. Are interviews conducted through video conferencing?
Frequently
Rarely
Never
According to Article 69 (1) Asylum Code, asylum applicants are already required at the stage of
registration of their asylum application before RAOs, to give exhaustive reasons for fleeing their country
of origin. If they fail to mention all reasons during registration, they have no right to develop claims which
are only mentioned for the first time during their asylum interview. However, in practice, the registration
of the asylum application in the islands is too succinct to provide them with the opportunity to do so, as it
only focuses on very basic information.
At the end of 2021, the Reception Service (RIS) at the Kos and Samos RICs (now CCACs) started
carrying out the full registration of asylum applications, as opposed to it being done by the Asylum Service
until then. In 2022, this practice was adopted by the RISs/CCACs in all the islands and it continued in
2024. Ever since the registration of asylum applications was removed from the missions of the Asylum
Service and was undertaken by the RIS. The registration form includes very limited information.
Nevertheless, in practice, asylum applicants have the opportunity during their interviews to present their
full claims, including information that was not mentioned in their registration form.
In cases of vulnerable applicants, according to Article 82(4) Asylum Code, if their interview is scheduled
within 15 days from the submission of their application, the applicants have to be granted reasonable time
to prepare themself and consult a legal or other adviser to assist them during the interview. The
reasonable time for preparation is determined by the competent authority, meaning the Asylum Service,
and cannot exceed three (3) days. If the interview is scheduled at a time later than fifteen (15) days from
the submission of the application, no preparation time is granted. If the interview is postponed, no further
preparation time is granted. This means that in the latter two cases, applicants are not given any additional
time to prepare themselves for the interview from the time they are informed of their interview
appointment.
603
604
According to Article 95 paragraph 2 of Asylum Code: “If no decision is taken within twenty-eight (28) days from
the date of filing the application, the applicant shall be allowed to enter and remain within the country in order
to have his/her application examined, in accordance with the other provisions of this Code.”
Information provided by the LWG of Kos throughout the year 2024.
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