THE DUBLIN II TRAP
TRANSFERS OF ASYLUM-SEEKERS TO GREECE
19
In addition, the Greek Ombudsman in October 2009 referred to a number of flaws in the
asylum application procedures carried out by the police. In particular, the Ombudsman
referred to a practice that has been reported by a number of NGOs and asylum-seekers over
the past two years. According to them, decisions rejecting asylum applications were written in
Greek, and handed by the police to the asylum applicants simultaneously with their pink
cards, with the result that they were not able to understand either the decision on their
application, or the relevant deadline for lodging an appeal.65
The non-participation of UNHCR in the Advisory Refugee Committees renders concern about
the fairness and effectiveness of the asylum procedure even greater, since the specialization
of its staff and their impartiality will now be absent from any part of the process, having
previously at least been part of the second-tier appeal panels.
Amnesty International considers that the examination of asylum applications by police
officers who lack proper training, qualifications or expertise, not only jeopardizes the fairness
and efficiency of the asylum determination procedure, but also contravenes Article 8(2)(c) of
the Asylum Procedures Directive, according to which, “… Member States shall ensure that:
the personnel examining applications and taking decisions have the knowledge with respect
to relevant standards applicable in the field of asylum and refugee law”.
4.4. LACK OF THOROUGH INTERVIEWS AND EXAMINATIONS OF CLAIMS
ASYLUM PROCEDURES DIRECTIVE
Article 12
Personal interview
Before a decision is taken by the determining authority, the applicant for asylum shall be given the opportunity
of a personal interview on his/her application for asylum with a person competent under national law to
conduct such an interview. A personal interview shall take place under conditions which ensure appropriate
confidentiality.
I was asked to write in a few lines the reasons for my asylum application. I wrote in my
language “I want a lawyer, I want a translator, I want asylum”.
M., asylum-seeker from Afghanistan returned from Belgium
One or more full and thorough asylum interviews are an important component of a fair asylum
determination procedure. Interviewers should create a climate of confidence, enabling
asylum-seekers to bring their stories to light and put forward in full their reasons for claiming
asylum.66 International standards require a shared duty between the determining authority
and the asylum-seeker of ascertaining and evaluating relevant facts. If the determining
authority fails to take proper steps to ascertain relevant facts, it may be unable to properly
identify whether the person is a refugee and therefore risks breaching its obligations, most
notably the principle of non-refoulement.
Index: EUR 25/001/2010
Amnesty International March 2010
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