Under the regular procedure, the interview takes place at the premises of the RAO on the designated day
and is conducted by one caseworker. The personal interview of adult asylum seekers takes place without
the presence of the applicant’s family members, unless the competent Asylum Service Officer considers
their presence necessary.307 Moreover, the personal interview must take place under conditions that
ensure appropriate confidentiality.308
However, GCR and other civil society organisations have expressed concerns relating to confidentiality
in certain RAO or AAU due to the lack of appropriate spaces, lack of isolation and technical difficulties.
For example, and as reported, this was the case in the RAO of Lesvos, where registrations and interviews
were carried out with the doors of the case workers’ offices open, in breach of the principle of
confidentiality.309
The person conducting the interviews should be sufficiently qualified to take into account the personal or
general circumstances regarding the application, including the applicant’s cultural origin. In particular, the
interviewer must be trained on the special needs of women, children and victims of violence and torture.310
In case of female applicants, the applicant can request a case worker/interpreter of the same sex. If this
is not possible, a note is added to the transcript of the interview.311
The EUAA’s role in the regular procedure
Following the amendments introduced by L 4540/2018, which were maintained in the Asylum Code,312
the EUAA (formerly EASO) can be involved in the regular procedure.313 EUAA personnel providing
services at the Asylum Service premises are bound by the Asylum Service Rules of Procedure.314 The
main form of support provided by EUAA caseworkers includes the conduct of interviews with applicants
and the drafting of opinions to the Asylum Service, which retains responsibility for issuing a decision on
the asylum application. The personnel involved in the regular procedure should be Greek-speaking case
workers.315
In 2023, the number of interviews carried out by EUAA caseworkers in Greece continued to decrease,
compared to previous years, to interviews in the asylum cases of 7,272 applicants. Of these, 77% related
to the top 10 citizenships of applicants interviewed by the EUAA, in particular Somalis (1,620), Afghans
(687), Pakistanis (592) and Eritrean (538).316 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 Turkey 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.317
Relevant data on the role of the EUAA in the asylum procedure (conduct of interviews, drafting of opinions
and/or concluding remarks etc) were not provided by the MoMA. Specifically, following the relevant
request sent by GCR in January 2024, the MoMA replied by referring GCR to the Ministry’s website “and
in particular at the link https://migration.gov.gr/statistika/ [where] the monthly newsletters are published,
alongside relevant annexes, which include summary and detailed statistical data on the work of the First
307
308
309
310
311
312
313
314
315
316
317
Article 82(10) Asylum Code.
Article 82(11) Asylum Code.
Letter to the Head of RAO Lesvos signed by the Legal Organizations active in Lesvos – Members of the
Lesvos Legal Aid sub-Working Group: Greek Council for Refugees, European Lawyers in Lesvos, Fenix
Humanitarian Legal Aid, HIAS Greece, Legal Centre Lesvos, PRAKSIS, Refugee Support Aegean, 15
February 2023, on file with the author.
Article 82(12)(a) Asylum Code.
Article 82(5) Asylum Code.
Article 69(16) Asylum Code.
Article 69(16) Asylum Code.
Article 1(2) Asylum Service Director Decision No 3385 of 14 February 2018.
Article 69(16) Asylum Code.
Information provided by the EUAA, 26 February 2024.
Information provided by the EUAA, 26 February 2024.
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