interview should take place with the assistance of an interpreter who is able to ensure adequate
26
communication.
Still according to the law, before the interview, the applicant should be given, upon their request, a
reasonable amount of time in order to sufficiently prepare themselves and to consult a legal or other
counsellor who will assist them during the procedure. The reasonable amount of time is at the discretion
of the police officer who has the authority to examine the asylum application and conducts the interview
and, including the prolongations, must not exceed two months. No criteria on the reasonable amount of
time are given by the law.
In practice most of the interviews are postponed several times well over two months, due to lack of
police officers or interpreters in the Aliens Police Directorate. The Greek Council for Refugees has
witnessed instances where the interview has been postponed without renewal of the pink card. This
puts applicants at risk of missing their deadlines and not appearing at the interview and consequently of
being considered that they have silently withdrawn from the asylum claim according to the provisions of
Article 14 P.D. 114/10. There have also been cases where the pink card is renewed but with no
reference to the postponement of the interview. This results in the authorities taking the pink card the
next time that the applicant appears before them.
The law furthermore provides that a representative of UNHCR or of an organisation cooperating with
UNHCR, may be present during the interview and allowed to ask questions to the applicant. A legal
advisor of the applicant may also be present and intervene when appropriate during the interview. The
UNHCR office in Athens should be informed in time of the planning of interviews and the names of the
applicants.
Nevertheless, in practice, there have been instances where the UNHCR office has not been informed,
thus greatly compromising the quality of the interview. The legal advisors of the applicant are not
informed of the planning of the interviews.
According to the law, if the interview concerns a female applicant, special efforts should be made so
that the interview is conducted by a specialised female interviewer and that a female interpreter is
present. If this is not possible, the relevant reasons should be stated in the report. A separate interview
should be conducted with every adult family member. When children are concerned, the personal
interview should be conducted taking into consideration their maturity and psychological consequences
of their traumatic experiences.
The official who takes the interview recommends the decision after having completed a relevant report
to the Determining Authority, namely the Secretary General of the Ministry of Public Order (regular
procedure)/ Territorially Competent Police Director/The police Directors of the Aliens Directorate of
Athens and Thessaloniki and the Police Director of the Athens International Airport (accelerated
procedure/inadmissible applications) (hereinafter the ‘Determining Authority’).
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According to the law, the personal interview may be omitted where:
a. the Determining Authority , is able to take a positive decision on the basis of available
evidence, or
b. it is not practically feasible , in particular where the applicant is unfit or unable to be
interviewed due to enduring circumstances beyond their control. Such inability must be
certified by a relevant medical or psychological certificate from a public hospital.
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According to the law the applicants must be allowed to confirm the facts stated in the application and to provide
explanations, particularly as regards their exact identity data, the reasons for which they do not hold a passport
or other official travel document, the exact itinerary they followed before entering the Greek territory and the
reasons which forced them to leave their country of origin, or in the case of stateless persons the country of
former habitual residence, and for seeking protection.
Article 10 (P.D. 114/10).
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