persons or persons in need of special reception conditions if appropriate support may not be provided
within the area of restriction,458 without sufficiently describing what such appropriate support entails. 459
The number of decisions to lift geographical restrictions per RIC and per category of vulnerability (or other
cases) in 2022 is not available.
Vulnerability identification in the asylum procedure
According to Article 77 (3) of the Asylum Code:
‘During the Reception and Identification procedure or the border procedure of art. 95 of this law,
the Receiving Authorities or the Decision Authorities and especially the Regional Asylum Offices
or the Autonomous Asylum Units shall refer the applicant for international protection to doctors of
Public Hospitals or Public Mental Health Institutions or other contracted physicians or the Medical
Screening and Psychosocial Support Unit of the RIC for the vulnerability assessment under the
Article 41 of this law. Upon the completion of medical and psychosocial assessment, the Unit,
acting on a written motivated proposal, shall inform the Head of the competent RAO. The abovementioned proposal is also notified to the Manager of the RIC. That assessment shall have as
only consequence the immediate provision of special reception conditions and special procedural
guarantees to the applicant.’
According to Article 80 (3) of the Asylum Code ‘In case of doubt, the competent Receiving Authorities
shall refer the unaccompanied minor to the age assessment procedures as per the provisions in force. In
the case where the above-mentioned referral is considered necessary and until the completion of the
procedure, special attention should be paid to the particular characteristics of the minor, especially those
related to their gender or cultural peculiarities.’
Article 72(1) of the Asylum Code provides that ‘The Receiving Authorities shall assess within a reasonable
time after the application for international protection is lodged or at any point of the procedure the relevant
need arises, whether the applicant requires special procedural guarantees as a consequence, inter alia,
of age, gender, sexual orientation, gender identity, mental disorders or as a consequence of torture, rape
or other serious forms of psychological, physical or sexual violence’. According to Article 72(3) of the
Asylum Code ‘When adequate support cannot be provided [to the applicants] within the framework of the
accelerated procedure (art. 83 (9) IPA) and border procedure (art. 90 IPA), especially when the applicant
needs to be provided with special procedural guarantees as a consequence of torture, rape or other forms
of serious psychological, physical or sexual violence, the abovementioned procedures do not apply or
cease to apply […]’.
Also, according to Article 62 (5) of the Asylum Code ‘In case the competent Authorities identify victims of
human trafficking, they are obliged to inform as soon as possible the National System of Recognition and
Referral of Victims of Human Trafficking in accordance with the Articles 76 and 79 L. 4781/2021’.
Despite these provisions, the shortage of medical and psychosocial care can make it extremely
complicated and sometimes impossible for people seeking asylum to be (re-)assessed during that
process. Following the medical and psychosocial assessment, the medical psychosocial unit of the RIC
should inform the competent RAO or AAU of the Asylum Service.
458
459
concerned member state; and c. persons whose applications for international protection are reasonably
considered to be founded.
See Article 67 (2) L. 4636/2019 and Article 2 (d) of the Ministerial Decision 1140/2.12.2019.
According to Article 67 (2) L. 4636/2019, ‘[w]here applicants have been identified as applicants in need of
special procedural guarantees, they shall be provided with adequate support in order to allow them to benefit
from the rights and comply with the obligations of this Part throughout the duration of the procedure. Forms of
adequate support shall, in particular, consist of additional break times during the personal interview in
accordance with Article 77, allowing the applicant to move during the personal interview if this is necessary
because of his or her health condition, as well as showing leniency to non-major inaccuracies and
contradictions, where these are related to his/her health condition.’
110
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