More specifically:477
❖ The possibility of additional breaks during the personal interview;
❖ The possibility for the applicant to move during the interview if his or her health condition so
requires; and
❖ Leniency to minor inconsistencies and contradictions, to the extent that they relate to the
applicant’s health condition.
National legislation expressively provides that each caseworker conducting an asylum interview shall be
‘trained in particular as of the special needs of women, children, and victims of violence and torture.’478
The law also provides that, when a woman is being interviewed, the interviewer, as well as the interpreter,
should also be female where this has been expressly requested by the applicant. 479
In practice, GCR is aware of cases where the vulnerability or particular circumstances of the applicant
have not been taken into account or have not properly been assessed at first or/and second instance.
Inadequate interview conditions continued to be reported in the premises of RAO’s and AAU’s in 2022
according to GCR, i.e. registrations and interviews were conducted without consideration of potential
vulnerabilities and relevant needs. Certain interviews and registrations took place simultaneously in
different spaces within the same container, which does not grant proper sound insulation and is not in line
with the principle of confidentiality.
The Appeals Committees further contribute to the non-implementation of special procedural guarantees
through a strict interpretation of Article 72 Asylum Code. Several Committees have ruled that the onus is
on the asylum seeker to establish exactly what evidence he or she would have been able to submit in
his/her specific case if procedural guarantees had been provided during the procedure.480
All decisions rejecting minors' claims have troubling similarities. Procedural deficits (absence of a
guardian, of appropriate legal representation and legal aid during the process), as well as substantial
deficits regarding the determination of refugee status (lack of any reference to the Best Interest of the
Child or lack of assessment of the Best Interest, obvious lack of knowledge regarding forms of child
persecution in general and in countries of origin in particular or the lack of a proper assessment of a
minor's credibility), make it almost impossible for unaccompanied minors undergoing the procedure
themselves to qualify for international protection. The number of decisions granting refugee status or
subsidiary protection to unaccompanied children and the number of in-merit rejection decisions issued
throughout 2022 is not available.
2.2 Exemption from special procedures
The Asylum Code does not provide for the exemption of vulnerable persons from special procedures as
a rule481 (see Identification). Applicants in need of special procedural guarantees are only exempted from
the Accelerated Procedure, the Border Procedure, and the Fast-Track Border Procedure where adequate
support cannot be provided (see above). 482
477
478
479
480
481
482
Article 67(2) IPA.
Article 83(12)(a) Asylum Code.
Article 83(5) Asylum Code, as well as Administrative Court of Appeal of Athens, Decision 3043/2018, available
in Greek at: https://bit.ly/2Jk1Bk6, which found that an applicant who has not requested an interpreter of the
same gender for the interview cannot rely on this provision at a later stage.
6th Appeals Committee, Decision 30955/2020, 18 May 2021, para II.4; 12 th Appeals Committee, Decision
233902/2021, 9 September 2021, 3.
Article 41 (d) Asylum Code provides state that the determination of an applicant as vulnerable has the sole
effect of triggering immediate care of particular reception, and Article 77 (3) Asylum Code adds ‘the provision
of special procedural guarantees’
Article 72(3) Asylum Code. This provision clarifies that, where the applicant falls within the cases where no
appeals have no automatic suspensive effect, he or she must have access to interpretation services, legal
assistance and at least one week to prepare the appeal (see also Border Procedure and Fast-Track Border
Procedure).
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