NGOs and lawyers who provide legal aid and information to asylum seekers insist
that the first-instance asylum interview is superficial, that the right questions are not
being asked, that asylum seekers’ claims are routinely rejected, and that the claim is
considered to be unfounded if the asylum seekers make any mention of economic
reasons.141 “They don’t give you a chance to tell why you left your country,” Efthalia
Pappa from the Ecumenical Refugee Program told us.142
Similarly, the main refugee rights organization, the Greek Council for Refugees, said
that, besides a lack of resources, one reason why they do not send lawyers to
represent children during the first-instance asylum interview is because the first
instance procedure was not a meaningful assessment of a person’s claim.143 A
UNHCR-commissioned study found that authorities use a pre-written introductory
note for the files of asylum seekers. The note includes as a permanent entry that the
responsible police officer does not recommend the granting of refugee status. The
note was wrongfully included into three files of child asylum seekers for whom the
granting of asylum was actually recommended.144
Authorities do not publish a recognition rate for asylum applications by
unaccompanied children.145 A UNHCR sponsored study by independent researchers
conclude that, depending on the circumstances in the individual case, they could fall under the scope of article 1 A(2) of the
1951 Refugee Convention.
141
See also Human Rights Watch, Greece – Stuck in a Revolving Door, pp. 97-99. A first instance decision whether a person is
granted refugee status or subsidiary protection, or denied any form of international protection is made after a first
assessment of a person’s claim. If denied refugee status, an asylum seeker may file an appeal to have his or her claim
considered at second instance.
142
Human Rights Watch interview with Efthalia Pappa, director Ecumenical Refugee Program, Athens, June 2, 2008.
143
Email correspondence from Alexia Vassiliou, Greek Council for Refugees, to Human Rights Watch, July 14, 2008. A first
instance decision, whether a person is granted refugee status or subsidiary protection, or denied any form of international
protection, is made after a first assessment of a person’s claim. If denied refugee status, an asylum seeker may file an appeal
to have his or her claim considered at second instance .For more information about the Greek asylum system, see Human
Rights Watch, Greece – Stuck in a Revolving Door, pp. 86-105.
144
Papageorgiu and Dimitropoulou, Unaccompanied Minors Study, p. 92. The study also found that 10 files of unaccompanied
children who filed an asylum application in 2007 and were in possession of the red card contained no information whatsoever.
Officials explained that they lagged behind in filing documents.
145
A UNHCR commissioned study contains some data, albeit non-representative: in the second half of 2007, 198 negative first
instance decisions were issued to unaccompanied children, among them four 12-year-old children and one 11-year-old boy. It
found that asylum was granted at first instance for two children and at second instance for 6 children. See Papageorgiu and
Dimitropoulou, Unaccompanied Minors Study, pp. 89-90.
Left to Survive
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