3.2.
Personal interview
Indicators: Admissibility Procedure: Personal Interview
Same as regular procedure
1. Is a personal interview of the asylum applicant in most cases conducted in practice in the
admissibility procedure?
Yes
No
❖ If so, are questions limited to nationality, identity, travel route? Depends on grounds
❖ If so, are interpreters available in practice, for interviews?
Yes
No
2. Are interviews conducted through video conferencing?
Frequently
Rarely
Never
The conduct of an interview on the admissibility procedure varies depending on the admissibility ground
examined.
According to Article 94(2) Asylum Code, as a rule, no interview should be held during the preliminary
examination of a subsequent application. The examination of a subsequent application takes place only
through written submissions and submitted documents together with the elements of the first asylum
application. The interview is conducted only if the subsequent application for asylum is deemed admissible
(see section on Subsequent Applications). As regards the process for Dublin cases, see section on Dublin.
Personal interviews in cases examined under the “safe third country” concept focus on the circumstances
that the applicants face in Türkiye and specifically on:
❖ whether they have applied for international protection in Türkiye and;
❖ if not, which reasons prevented them from doing so;
❖ whether they have family and friends in Türkiye;
❖ how long they remained in Türkiye;
❖ if they had access to work, housing, education and health care;
❖ and in general, if Türkiye is a safe country for them.
Significant emphasis has been placed on evaluating the applicant's connection to Türkiye. This
assessment considers factors such as the duration of their residence in Türkiye and the presence of family
members within the country. In many instances, the presence of a link serves as the sole and determining
factor in deciding admissibility or inadmissibility.
According to internal SOPs, circulated within the Asylum Service in the autumn of 2021, asylum applicants
from the 5 nationalities affected by the JMD (Syria, Afghanistan, Somalia, Pakistan and Bangladesh), who
have entered Greece from Türkiye and have stayed in Greece for a year or more must be considered as
not having a special link/connection with the third country (i.e., Türkiye) or that in any case the special
link/connection has ceased to exist (See Safe third country). In some cases, the above-mentioned internal
directive is strictly applied without taking into account any substantive criteria. As a result, asylum
applications from people who are only a few days away from the end of their one-year stay in Greece can
be rejected as inadmissible. In September 2024, the Appeals Authority rejected the appeal of an asylum
applicant who had left Türkiye and stayed in Greece for one year minus six days from the date of the
Appeals Authority's decision.543
Moreover, it has been observed that stateless persons who had one of the 5 countries of the JMD on STC
as their country of former habitual residence continued to be included in the admissibility procedure in
2024.544 This practice applied despite the fact that this category of asylum applicants is not explicitly
mentioned in the relevant JMD designating Türkiye as an STC. In this context, Palestinians with last
habitual residence in Syria were examined under the admissibility procedure.
543
544
Case represented by GCR before the Kos Asylum Services and the Appeals Authorities.
Information shared by different actors, including GCR, during Legal Aid Working Group meetings, 2023.
116