Even if indications of vulnerability arose during an asylum interview, caseworkers did not refer applicants
to psychosocial assessments and/or further medical examination at a general hospital, although this is
provided for in art. 77 and 41 of Asylum Code.495
In Chios CCAC (Vial camp), the Medical Unit has no doctor since March 2021. In 2023, periodically, the
doctor of Leros CCAC Medical Unit was visiting Chios CCAC only to sign pre-completed – by generally
unauthorized personnel – vulnerability assessment documents and medical cards with references to
apparent vulnerabilities, without carrying out himself a substantive assessment of the medical condition
of the asylum applicants.496
According to internal SOPs, circulated within the Asylum Service in the autumn of 2021, asylum seekers
from the 5 nationalities affected by the JMD (Syria, Afghanistan, Somalia, Pakistan and Bangladesh), who
have entered Greece from Türkiye and have stayed in Greece for a year or more must be considered as
not having a special link/connection with the third country (i.e., Türkiye) or that in any case the special
link/connection has ceased to exist (See Safe third country).
In Kos, from approximately August 2023 to mid-December 2023, probably due to backlog connected to
increased new arrivals and personnel shortages, RAO was conducting admissibility interviews only for
Syrian nationals.497 Moreover, during the same period, it has been observed that admissibility interviews,
in several cases, were limited to superficially examining the criterion of connection of Syrian applicants
with Türkiye. Instead, safety or other criteria had not been examined and/or taken into consideration for
the decision (i.e., well-founded fear of deportation to country of origin, racist attacks, detention, lack of
legal documentation, non-access to healthcare, labour market and education, etc.).
Moreover, it has been observed that stateless persons who had one of the 5 countries of the JMD on STC
as countries of their habitual residence were included in the admissibility procedure.498 This practice
applied despite the fact that this category of asylum seekers (stateless persons with one of the 5 countries
of JMD as countries of habitual residence) is not explicitly mentioned in the relevant JMD on STC and
Turkiye. Within this context, Palestinians with last habitual residence in Syria were examined under the
admissibility procedure.
In February 2023, Kos RAO found admissible the asylum application of a stateless single woman of
Palestinian origin with last habitual residence in Syria, taking into account “(a) that the applicant remained
in Turkey for more than one year, yet without knowing the Turkish language and without having
established social, professional or cultural ties with Turkey, (b) that she does not have a family or other
support network in Turkey; (c) that she left Turkey at the end of 2022 and remains in Greece throughout
this period, the Service concludes that her connection with Turkey cannot be considered sufficient.499
On 10 February 2023, the 16th Independent Appeals Committee annulled the first instance negative
decision of Lesvos RAO that considered inadmissible the asylum application of a Somali single woman
who survived a shipwreck on 6 October 2022 off Lesvos island, where 16 asylum seeking women died.500
The applicant had to undergo an admissibility interview already on 17 October 2022, only 10 days after
the deadly shipwreck, while her vulnerability assessment had not been concluded, nor had it been
explored during the interview. The shipwreck was never mentioned by the caseworker, nor was it
mentioned in the negative decision that was issued two days after the interview. On appeal, the 16th
Appeals Committee, annulled the decision of Lesvos RAO, as it considered that Türkiye is not a safe third
country for the Somali single woman and summoned the applicant to an oral hearing on 7 March 2023 to
examine her application on the merits.
495
496
497
498
499
500
Ibid.
Information shared by Chios UNCHR Field Office.
Information obtained during Kos Legal Aid Working Group meeting of 13 December 2023.
Information shared by different actors, including GCR, during Legal Aid Working Group meetings, 2023.
Decision 97412/2023 issued by Kos RAO (ΠΓΑ Κω 97412/2013). Case represented before Kos RAO by Equal
Rights Beyond Borders. Summary of the decision available in Greek in GCR/HIAS/RSA, Greek Asylum Case
Law Report Issue 1/2023, available at: https://tinyurl.com/2meam8kv.
See a relative newsarticle in: Ertnews, Tragedy with 17 dead in a shipwreck in Lesvos - Shocking videos from
the shipwreck in Kythera, 6 October 2022, available in Greek at: https://tinyurl.com/4npb6je3.
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