that there is “conflicting evidence about the accuracy and reliability of the available methods of age
assessment, which may generate significant margins of error”.717
In practice, the lack of qualified staff within the reception and identification procedure and shortcomings
in the age assessment procedure in the RICs undoubtedly have a spill-over effect on the asylum
procedure, as the issuance of an age determination act by the RIS precedes the registration of the asylum
application with the Asylum Service. While registration of date of birth by the Hellenic Police could be
corrected by merely stating the correct date before the Asylum Service, this is not the case for individuals
whose age has been wrongly assessed by the RIS. In this case, in order for the personal data, e.g., age,
of the person to be corrected, the original travel document, or identity card should be submitted.
Additionally, a birth certificate or family status can be submitted, however, these two documents require
an apostille stamp,718 which in practice is not always possible for an asylum applicant 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 their
age.719 In this case, referral to the age assessment procedure largely lies at the discretion of the Asylum
Service caseworker.720
2. Special procedural guarantees
Indicators: Special Procedural Guarantees
1. Are there special procedural arrangements/guarantees for vulnerable people?
Yes
For certain categories
No
❖ If for certain categories, specify which:
Article 1-λγ of the Asylum Code: “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.”
2.1.
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:721
❖ The possibility of additional breaks during the personal interview;
❖ The possibility for the applicant to move during the interview if their health condition so requires;
and
❖ 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.’ 722
717
718
719
720
721
722
See, inter alia, World Medical Association, WMA Statement on Medical Age Assessment of Unaccompanied
Minor Asylum Seekers, October 2019, available here.
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. Also, according to the Concluding observations on the combined eighth and
ninth periodic reports of Greece of the Committee on the Elimination of Discrimination against Women “training
immigration officers on gender-sensitive interviewing techniques, and that gender-based violence against
women is recognized as a protection ground”, available here, 13.
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