certificate or family status can be submitted, however, these two documents require an apostille stamp,648
which in practice is not always possible for an asylum seeker to obtain. In practice, however, employees
in the RAOs sometimes corrects the age of the person on the basis of documents without apostille.
Alternatively, according to the law, the caseworker of the Asylum Service can refer the applicant to the
age assessment determination procedure in case that reasonable doubt exists as to his or her age.649 In
this case, referral to the age assessment procedure largely lies at the discretion of the Asylum Service
caseworker.650
As mentioned above, the number of age assessments conducted within the framework of the asylum
procedure in 2023 was not provided by MoMA despite GCR’s request.
1.3
Special procedural guarantees
Indicators: Special Procedural Guarantees
1. Are there special procedural arrangements/guarantees for vulnerable people?
Yes
For certain categories
No
v If for certain categories, specify which:
According to Article 1-λγ of the Asylum Code the following groups are considered
as vulnerable groups: “children; unaccompanied children; direct relatives of
victims of shipwrecks (parents, siblings, children, spouses); disabled persons;
elderly; pregnant women; single parents with minor children; victims of human
trafficking; persons with serious illness; persons with cognitive or mental disability
and victims of torture, rape or other serious forms of psychological, physical or
sexual violence such as victims of female genital mutilation.”
1.4
Adequate support during the interview
According to Article 72 (2) Asylum Code, where applicants have been identified as applicants in need of
special procedural guarantees, they shall be provided with adequate support in order to be in the position
to benefit from the rights and comply with the obligations in the framework of the asylum procedure.
The Asylum Code provides examples of forms of adequate support that can be granted in the procedure.
More specifically:651
v The possibility of additional breaks during the personal interview;
v The possibility for the applicant to move during the interview if his or her health condition so
requires; and
v Leniency to minor inconsistencies and contradictions, to the extent that they relate to the
applicant’s health condition.
National legislation expressively provides that each caseworker conducting an asylum interview shall be
‘trained in particular as of the special needs of women, children, and victims of violence and torture.’652
The law also provides that, when a woman is being interviewed, the interviewer, as well as the interpreter,
should also be female where this has been expressly requested by the applicant.653
In practice, GCR is aware of cases where the vulnerability or particular circumstances of the applicant
have not been taken into account or have not properly been assessed at first or/and second instance.
648
649
650
651
652
653
Decision of the Director of the Asylum Service No 3153, Gov. Gazette Β’ 310/02.02.2018.
Article 80(3) Asylum Code.
For a detailed description of the problems related with the age assessment on Lesvos Island, see Fenix, A
Child’s Best Interests? Rights Violations in the Absence of Presumption of Minority, 13 October 2022, available
at: https://bit.ly/3ACqq2t.
Article 67(2) IPA.
Article 82(12)(a) Asylum Code.
Article 82(5) Asylum Code, as well as Administrative Court of Appeal of Athens, Decision 3043/2018, in
Farmakidis-Markou Konstantinos, Refugee Law, Nomiki Bibliothiki, 2021, in greek, in which the court found
that an applicant who has not requested an interpreter of the same gender for the interview cannot rely on this
provision at a later stage.
141
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