There are also contradicting views between the GAS and the RIS as to when the
identification procedures are completed, with the RIS until November 2022 taking a
more restrictive interpretation of when someone is identified (on issuance of the
red card), perhaps in an attempt to justify the detention of applicants in the CCAC
for longer. The practice of the GAS conducting full asylum interviews without
applicants being issued a red card raises serious concern as to the RIS’s
justification that they could detain every asylum applicant for "identification
purposes" until they receive their card. If such a claim is accepted, then the GAS is
frequently interviewing asylum seekers before they have been properly identified.
© Romy van Baarsen_ Romy Aimee Photography
From April 2022 until
December 2022, I Have
Rights found that on
average
people
were
issued a red card after 12
days; however, 6% of
beneficiaries
did
not
receive their red card for
over 25 days and in these
cases,
despite
the
presentation of a police
note with a registration
date
from
25
days
preceding, guards routinely
refused to allow individuals
to exit the CCAC.
Frequently, individuals were invited for their substantive asylum interview before
the 25-day restriction had passed and before they had received a red card,
depriving them of the right to receive legal advice or counselling.[155]
The effect of such de facto detention, whether it be until issuance of the red card or
upon completion of the full registration interview is not proportionate to either
stated aims or purposes. As a result of this measure, people are deprived of access
to legal advice and counsel as well as community and psycho-social services.
[155] Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 on laying
down standards for the reception of applicants for international protection (recast). Article 12(3).
Page 45
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