The number of concluding remarks issued by EUAA decreased to 776 in 2023, a significant drop
compared to 2022 (5,071). This is due to the fact that, following the June 2021 Joint Ministerial Decision
designating Türkiye as a safe third country for applicants from five of the most common countries of origin
in Greece, the drafting of concluding remarks by EUAA caseworkers is no longer required for a large
share of cases, that is those examined on admissibility.545
Particularly, the RAOs had no consistent practice regarding any further examination of allegations of
pushbacks during the asylum interview. The caseworkers had discretion as to whether to devote time
during the interview and ask further questions regarding the reported “pushback” incident by the asylum
applicant.
Moreover, it remains unclear how until today the EUAA case workers handle the information on criminal
acts and violation of EU and international law at the EU external borders by other actors that are brought
to its attention.
The establishment of the EUAA Complaints Mechanism as regards complaints against EUAA personnel
is a work in progress under the responsibility of the newly appointed EUAA Fundamental Rights Officer
(FRO).546 However, complaints can only be submitted by persons directly affected (or their
representatives) by the actions of asylum support team members, when they consider that their
fundamental rights have been violated due to an expert’s actions.547 This is stipulated in the EUAA
Regulation in such wording and the scope for the complaints mechanism can therefore not be broadened
to include other instances of violations. For any other violations of fundamental rights not committed by
members in Asylum Support Teams (ASTs), the EUAA is working in parallel on developing an escalation
mechanism which would allow for an appropriate escalation process for situations when Agency staff
becomes aware of any serious violations of fundamental rights or international protection obligations
committed by a host Member State.
In an unknown number of cases, decisions have been issued by different RAOs and/or AAUs from those
where the interviews have been conducted, operating supportively to the latter.
In 2023, in Lesvos, the applicants continued to receive an invitation for their interview, according to which
they needed to present themselves before the RAO in Pagani area at the day of their interview at 7:00
am, without any information regarding the actual time that their interview was scheduled.548 In practice,
this meant that there were many applicants that appeared before the RAO’s gate at 6:30 only to start their
interviews at 12:00 or even at a later time, while waiting all these hours in an open-air space, often
exposed to bad weather conditions. Additionally, there was no waiting area at the premises of the RAO
for the lawyers who represent asylum seekers 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.549
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 seekers waited for long, exhausting hours, resulting in fatigue, jeopardizing
the quality of the interviews. The issue of the lack of waiting area persisted in 2024.550
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
545
546
547
548
549
550
Information provided by the EUAA, 26 February 2024.
Information acquired during the 2nd EUAA Consultative Forum Plenary Meeting, 30 November 2023.
Ibid.
For this issue, Lesvos LAsWG has addressed a letter to Lesvos RAO Administration, 5 December 2023.
Ibid.
Information acquired during the Lesvos LAsWG meeting, 23 January 2024.
118
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