the medical and psychosocial assessment, the medical psychosocial unit of the RIC should inform the
competent RAO or AAU of the Asylum Service.
As mentioned above, due to significant gaps in the provision of reception and identification procedures in
2024, owing to a significant understaffing of medical units and other issues, GCR has found that for a
considerable number of applicants the asylum procedure was initiated without a proper medical screening
and/or a psychosocial assessment having been concluded.
Accordingly, where vulnerability is not identified before the asylum procedure, the initiation of a
vulnerability assessment and further referral for vulnerability identification depends to a great extent on
the discretion of the caseworker. However, according to GCR’s observations, the referral for further
medical/psychosocial screening by the caseworker after the first instance interview before the competent
RAO is not common practice.
Also, according to GCR’s knowledge, the understaffing of State authorities in combination with the
constant pressure to process more asylum applications more quickly, resulted in a serious undermining
of procedural legal safeguards and thus to decisions of poor quality and unjustified rejections in many
cases. GCR has documented, from reports from the field, many cases in which the asylum interview took
place before the medical examination of the asylum applicant, thus impacted negatively on the outcome
of the asylum cases.
As far as GCR is aware, also in 2024, Article 72(3) of the Asylum Code (exemption from the fast-track
border procedure and referral to the regular procedure due to vulnerability) was not applied by the Asylum
Service without a prior lifting of the geographical restriction. It was also noted that after the lifting of the
geographical restriction for reasons not related to vulnerability, Article 72(3) of the Asylum Code was
applied in several cases by the Asylum Service and the case was referred to the regular procedure without
the person being identified as vulnerable. If the interview of first instance had already been conducted
before the decision to lift the geographical restriction and the referral to the regular procedure due to
vulnerability, it was not conducted again in accordance with the guarantees provided by Article 72(2) of
the Asylum Code. For further information on the geographical restriction, see chapter on Reception
Conditions – Freedom of Movement.
Data for applications exempted from the fast-track border procedure and referred to the regular procedure
on grounds of vulnerability was not provided by MoMa despite GCR’s request.
Throughout 2023, the various RAOs in the different islands followed different practices as regards the
conduct of asylum interviews (see the Regular procedure and Fast-track border procedure).
1.1.2. Vulnerability identification in the mainland
On 13 July 2022, the MoMA launched a new registration platform, through which persons wishing to apply
for asylum while on the Greek mainland, including vulnerable ones, need to first book an appointment for
lodging their application. The registration of applicants staying in Southern Greece takes place in the
facility of Malakasa (Athens), while the registration of applicants staying in Northern Greece takes place
in the facility of Diavata (Thessaloniki).
Since its operationalisation, the platform has been marked by deficiencies restricting applicants’ access
to the procedure and in turn a prompt vulnerability assessment. For instance, as noted in a joint RLS and
MIT report in November 2023,689 “out of 19 persons interviewed between May and October 2023, 69% of
respondents who used the online platform to book an appointment at a RIC reported issues accessing or
using the platform […and] 23% respondents said they paid a private lawyer to apply via the online platform
for them […]”. Meanwhile, access to the platform was yet again suspended between May 2023 and the
beginning of July 2023.690
Challenges have continued being identified in 2024 as well. According to UNHCR, RIC Malakasa
maintained a very limited number of appointments on the platform, while RIC Diavata had less limitations.
Yet in the case of Diavata, in GCR’s experience, the online platform would remain open for 15-16
appointments per day, following which it went down quickly again. SolidarityNow noted that the platform
689
690
Refugee Legal Support (RLS) & Mobile Info Team (MIT), Protection Unavailable: Dysfunctional Practices and
Restrictions on the Right to Asylum, November 2023, available at: https://tinyurl.com/4zf673xu, p.22.
GCR, Submission to the Committee of Ministers of the Council of Europe concerning the groups of cases of
M.S.S. v. Greece (Application No. 30696/09) and Rahimi v. Greece (8687/08), July 2023, p. 3, available at:
https://bit.ly/4b3Q3JR.
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