As regards remote interpretation, its use continued to be observed frequently and was not limited to
remote RAOs and AAUs, that may not have a sufficient number of interpreters.
Technical deficiencies and constraints should be taken into consideration when assessing the quality of
remote interpretation. When it comes to rare languages, if no interpreter is available to conduct a direct
interpretation from that language to Greek (or English in cases examined by EUAA case workers), more
interpreters might be involved in the procedure to translate through different languages.
Lastly, inaccuracies and mistakes in interpretation, including in the context of asylum interviews, with the
potential to negatively influence the perceived credibility of applicants and thus their asylum case, were
reported in March 2024.330
1.3.3. Recording and transcript
The Asylum Code provides for the audio recording of the personal interview. A detailed report is drafted
for every personal interview, which includes the applicants’ main arguments and all the essential elements
of their claim. The audio recording of the interview accompanies the report. For interviews conducted by
videoconference, audio recording is compulsory. When audio recording is not available, the report
includes a full transcript of the interview and the applicant is invited to certify the accuracy of the content
of the report by signing it, with the assistance of the interpreter who also signs it, where present.331 The
applicant may at any time request a copy of the transcript, a copy of the audio file or both.332
1.3.4. Notification of First Instance Decisions
The IPA introduced the possibility for first instance decisions not to be communicated in person to the
applicant (‘fictitious service’, πλασματική επίδοση) or the first instance decision to be communicated to
the applicant by administrative authorities other than the Asylum Service. Both practices, maintained in
the Asylum Code, significantly limit the possibility for the applicant to be informed about the issuance of
the first instance decision and/or the content of said decision and/or the possibility to lodge an appeal.
Consequently, deadlines for submitting an appeal against a negative first-instance decision may expire
without the applicant being actually informed about the decision, for reasons not attributable to him/her.
As the Greek Ombudsman has noted with regard to the provisions of fictitious service, said provisions
effectively limit the access of asylum seekers to legal remedies.333
More precisely, according to the Asylum Code, a first instance decision can be communicated:
v in person or;
v with a registered letter sent by the Asylum Service to the applicant or;
v by e-mail to the applicant or;
v by uploading the Decision on an electronic application managed by the Asylum Service, through
which applicants have unique access through an account they maintain, or;
v by communicating the decision to authorised lawyers, consultants, and representatives.334 In this
regard, it should be mentioned that according to the Aylum Code, once a lawyer is appointed by
the applicant at any stage of the procedure, the lawyer is considered to be a representative of the
applicant for all stages of the procedures, including the service of the decision regardless of the
actual representation of the applicant at the time of the fictitious service unless the appointment
of the lawyer is revoked by a written declaration of the applicant with an authenticated
signature.335
330
331
332
333
334
335
Solomon, Lost for Words: Lack of interpreters puts asylum seekers’ lives on hold in Greece, 27 March 2023,
available at: https://tinyurl.com/247fkvv6.
Article 82(13) Asylum Code.
Article 82(15) Asylum Code.
Ombudsman, Παρατηρήσεις στο σχέδιο νόμου Προσαρμ��γή της Ελληνικής Νομοθεσίας προς τις διατάξεις της
Οδηγίας 2013/33/ΕΕ (αναδιατύπωση 29.6.13) σχετικά με τις απαιτήσεις για την υποδοχή των αιτούντων διεθνή
προστασία κ.ά. διατάξεις, April 2018, available in Greek at : https://bit.ly/3vSDu54.
Article 87(3) Asylum Code.
Article 76(7) Asylum Code.
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