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Greece - 11th Appeals Committee, Decision no. 17627/18, 9 September 2019
Country of Decision:
Country of Applicant:
Date of Decision:
09-09-2019
Citation:
Decision no. 17627/18, 9 September 2019, 11th Appeals Committee
Court Name:
11th Independent Appeals Committee
Keywords:
Relevant Legislative Provisions:
International Law
International Law > UN Convention on the Rights of the Child
European Union Law
European Union Law > EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council
European Union Law > EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council > Article 14
International Law > UN Convention on the Rights of the Child
European Union Law
European Union Law > EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council
European Union Law > EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council > Article 14
National / Other Legislative Provisions:
Articles 44(6)
45(8)
61(1)
62(9) Law 4375/2016
Article 28 Law 4540/2018 (Α’91/22.5.2018)
45(8)
61(1)
62(9) Law 4375/2016
Article 28 Law 4540/2018 (Α’91/22.5.2018)
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PDF version of Summary
Headnote:
The interview of an unaccompanied minor, conducted without any legal representation, violated domestic and international provisions regarding the right to a hearing and the best interest of the child.
Facts:
The appellant, an unaccompanied minor, filed an asylum application at the Regional Asylum Office of Thessaloniki, following which a personal interview was scheduled in February 2018. At the time of the interview, both the applicant and his lawyer lived in Athens. They filed a request to adjourn the personal interview and to reschedule it at an Asylum Office closer to the applicant's place of residence. The request was declined without providing sufficient reasoning and the minor was asked to attend the interview on the scheduled date, despite the fact he could not be represented by his lawyer on that particular day. His asylum application was rejected.
In March 2018, the applicant's lawyer filed a request to cancel the interview and to reschedule a new one. Moreober, they submitted a report on the case by the Ombudsperson for the Rights of the Child finding a violation of the child's rights as a result of errors during the interview process. In the meantime, the application for international protection was rejected as unfounded. The applicant appealed against that decision.
Decision & Reasoning:
The Committee granted the appeal, cancelling the decision of the Regional Asylum Office of Thessaloniki and ordering a reevaluation of the asylum application at first instance.
The outcome was justified by the violations of the provisions of domestic (L.4375/2016) and international law (article 3 CRC) regarding the right to a hearing and the best interests of the child. Moreover, the Committee noted the infringement of the principles of good faith, good administration, legitimate expectations and administrative leniency, which must govern all administrative actions. The need for good administration was even more pressing in light of the applicant's age and the objections raised by him and his lawyer. Finally, the Committee considered the need for a special handling of asylum applications submitted by unaccompanied minors.
Outcome:
Appeal granted; case remiited to the Asylum Service for a new interview.
Observations/Comments:
This summary was completed by Danai Spentzou, Human Rights LLM student at Queen Mary University of London.
