of the interview or to find out approximately what time the interview will start, but this does not mean that
the agreed time will be strictly adhered to.
Additionally, there was no waiting area at the premises of the RAO for the lawyers who represent asylum
applicants at registrations and interviews. Moreover, employees of the RAO very often refused to receive
the lawyers in the offices, within the premises of the RAO. 614 Instead, the lawyers were received in the
courtyard, in circumstances that violated the necessary conditions of confidentiality and, in general, the
dignified exercise of the legal profession. In many cases, both attorneys and asylum applicants waited for
long, exhausting hours, resulting in fatigue, jeopardising the quality of the interviews. The issue of the lack
of waiting area persisted in 2024.615
Quality of interviews
The quality of interviews conducted by EUAA and RAO caseworkers has been highly criticised. Inter alia,
quality gaps such as lack of knowledge about countries of origin, lack of cultural sensitivity, questions
based on a predefined list, closed and leading questions, repetitive questions, frequent interruptions and
unnecessarily exhaustive interviews and conduct preventing lawyers from asking questions at the end of
the interview continue to be reported.616
In 2023, legal aid actors continued to observe issues concerning the quality of the interviews as well as
the procedural fairness of how they are conducted, mainly in cases where the interview was conducted
by the Greek Asylum Service (GAS). Specifically, concerns were raised about the use of unsuitable
communication methods and questions related to past experience of harm and/or persecution which
included closed questions impeding a proper follow-up, no opportunity to explain the case in the
applicant’s own words, failure to consider factors that are likely to distort the applicant’s ability to express
him or herself properly (such as mental health issues or prior trauma and/or illiteracy), lack of clarification
with regard to vague or ambiguous concepts mentioned by the interviewer, potential inconsistencies or
misunderstandings regarding critical aspects of the case that could lead to confusion and/or the inability
of the applicant to express him or herself effectively, and more generally, violations of the right to be
heard. Moreover, concerns have been raised regarding the use of unsuitable methods and questions,
including unfriendly interview environment for a) the applicants’ age, in cases of alleged minors, and more
generally, violations of the right to a child-friendly environment and procedure, b) gender-based violence
(GBV) survivors617, and c) LGBTQI+ persons. 618 In general, no individualised assessment of the specific
profile and circumstances of the asylum applicant or gender-sensitive assessment was taking place.
Namely, results of a survey on treatment of LGBTQI+ asylum applicants in Greece within the context of
the asylum procedure, based on interviews conducted in 2023, revealed use of prohibited and
discriminatory questioning, questions related to sexual practice and questions based on stereotypical
notions during the asylum interview by the caseworkers, and a lack of caseworkers’ competence in
assessing LGBTQI+ claims and failure to align with the DSSH (Difference, Shame, Stigma, Harm) model
provided by the EUAA.619
Illustrative of the above is the reasoning of a negative decision issued by Kos RAO, for an asylum
applicant with, inter alia, a homosexuality claim and represented by GCR:620
For instance, the applicant could not elaborate on the process and the way in which he became
aware of his sexual orientation, saying that this happened after an incident of rape when he was
[x - minor] years old. […] The applicant gives almost no information about this [rape] incident.
When next asked how he felt about his realisation of his sexual orientation, he was content to
answer that he accepted it while others did not. One would expect that since it was an internal
process, and indeed something that would cause him trouble in his own country, he would be
able to give more details about how he experienced it and his feelings and even give more
information about how he became aware of it. Finally, when asked whether he knew about LGBTI
organisations in his country or about the law on homosexuality in his country, the applicant replied
negatively. One would expect him to be aware of such organisations or even the law since he
614
615
616
617
618
619
620
Ibid.
Information acquired during the Lesvos LAsWG meeting, 23 January 2024.
See AIDA, Country Report Greece, 2021 Update, p. 100, https://bit.ly/3IAjhVm.
See Fenix, A GENDERED GAZE ON MIGRATION: Report on sexual and gender-based violence in the context
of the Greek asylum policy on Lesvos, February 2024, available at: https://tinyurl.com/mk7kmp7t.
Heinrich Boll Stiftung, LGBTQI+ Asylum Seekers in Greece, 8 March 2024, available at:
https://tinyurl.com/5hfsamd5.
Heinrich Boll Stiftung, ibid.
More information available on the applicant’s case file, with GCR.
122
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