(9,230). This is due to the fact that, following the new 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.423
Particularly, the RAOs had no consistent practice regarding the examination of allegations of pushbacks
during the asylum interview and it is unknown if the Asylum Service collects these transcripts. 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 whether the newly appointed EUAA Fundamental Rights Officer (FRO) has
any intention to develop a system to collect asylum applicants’ testimonies on alleged pushbacks.
Additionally, it remains unclear how the EUAA case workers manage any information on criminal acts and
violation of EU and international law in EU external borders that come into their possession in the exercise
of their duties and if the EUAA FRO will be willing to create a relevant reporting mechanism/ procedure.
In an unknown number of cases, following internal SOPs of the Asylum Service, interviews on admissibility
and on their merits have been conducted on the same day (the one after the other) by RAOs on the
islands, when admissibility criteria were “obvious” (e.g. when a period of more than one year had elapsed
since their transit via the third country). Additionally, certain interviews were even conducted by case
workers of RAOs of other islands. In a 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 Lesvos, the applicants continued to receive an invitation for their interview, according to which they
needed to present themselves before the RAO at the day of their interview either at 6:30 or at 7:30 in the
morning, without any information regarding the actual time that their interview was scheduled. 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.
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.424
In 2022, legal aid actors continued to observe issues concerning the quality of the interviews as well as
the procedural fairness of how they are conducted. Specifically, concerns were raised about the use of
inappropriate communication methods and unsuitable 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 inappropriate methods
and questions unsuitable 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)
survivors, and c) LGBTQI+ persons. In general, no individualised assessment of the specific profile and
circumstances of the asylum applicant or gender-sensitive assessment was taking place.
423
424
Information provided by the EUAA, 28 February 2023.
See AIDA, Country Report Greece, 2021 Update, p. 100, https://bit.ly/3IAjhVm
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