1.3.1. Quality of interviews and decisions
Without underestimating the fact that the recognition rate of the first instance procedure remains high (inmerit decisions), a number of first instance cases to the knowledge of GCR, and inter alia the way the
interview was conducted, the assessment of the asylum claims and/or the decisions delivered,
corroborates concerns already expressed in relation to a “deterioration in quality at first instance”. 240
Among other, examples of such cases in 2022 include:
❖ The case of a young man from Guinea, living with HIV and a physical disability, whose application
was rejected without taking into account the apparent and very grave vulnerabilities when
examining whether the applicant would be eligible for subsidiary protection under Article 14(Β) of
the Asylum Code. Instead, he was examined solely on whether serious and individual threat to
his life or person could occur by reason of indiscriminate violence in situations of international or
internal armed conflict.241
❖ The case of a woman from Somalia, an FGM survivor, whose claims of persecution from Al
Shabab were dismissed on credibility grounds. In examining whether the applicant was eligible
for subsidiary protection, the Asylum Service concluded that while indiscriminate violence was
taking place in the Banaadir province and in the capital, Mogadishu, the intensity of the
indiscriminate violence was not high enough and there was no significant additional evidence
concerning the individual characteristics of the applicant in order for her to be considered at risk
of indiscriminate violence in accordance with Article 15(c) of the Qualification Directive. 242
❖ The case of a single-parent family from Guinea, whose first instance interview was conducted
before the competent authority completed the evaluation of vulnerability indicators. In particular,
the main applicant is a survivor of serious forms of gender-based and sexual violence (FGM,
genital mutilation & sexual violence) as well as international trafficking, facts that were not taken
into account in examining whether the applicant is eligible for international protection. 243
❖ Cases of asylum seekers - from a group of 92 asylum seekers in Evros - whose applications were
rejected at first instance as inadmissible under the safe third country concept vis-a vis Türkiye,
while the rejection decisions244 themselves acknowledge that they had been subjected to
degrading treatment by the Turkish authorities. In fact, regarding the rescue of this group by the
Greek authorities, the Ministry of Immigration and Asylum had issued a statement and relevant
statements were made also by the Minister, according to which the group had been abandoned
by the Turkish authorities in Evros, the people had been subjected to degrading treatment in
Türkiye and that this incident would be reported to the UN.245
1.3.2. Interpretation
The law envisages that interpretation is provided to the applicants for making their application, submitting
their case to the competent authorities, and for conducting their interview at the first and second
instance.246 In accordance with an amendment of the IPA in May 2020 as well as the codification of the
relevant legislation in the Asylum Code, in case that interpretation in the language of the choice of the
applicant is proven to be unavailable, interpretation is provided in the official language of the country of
origin or in a language that the applicant may reasonably be supposed to understand. 247
240
241
242
243
244
245
246
247
AIDA, Report on Greece, 2019 Update, 58-59.
Decision in file with the author.
Decision in file with the author.
Decision in file with the author.
Decision in file with the author.
Η Ναυτεμπορική, «Ν. Μηταράκης: Στέλνουμε στον ΟΗΕ το περιστατικό με τους 92 γυμνούς πρόσφυγες στον
Έβρο», 17-10-2022, available at: https://bit.ly/3P0vWEy.
Article 77(3) IPA and 82(3) ASYLUM CODE.
Article 69(3) IPA, as amended by L. 4686/2020 and 74(3) ASYLUM CODE.
59
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