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Adequate support during the interview
The Refugee Law lays down procedural guarantees and provides that if the Asylum Service finds that an applicant is in need of special procedural guarantees, they are provided with adequate support, including sufficient time, so that the applicant can benefit from their rights and comply with the obligations provided for in the Refugee Law throughout the asylum procedures and to make it possible to highlight the elements needed to substantiate the asylum application.[1] The exact level, type, or kind of support is not specified in the law. No other procedural guarantees are provided in the law or administrative guidelines, or in practice, to accommodate the specific needs of such asylum seekers.
In recent years, improvements have been noted in the examination of cases of vulnerable persons including the personal interviews. The Asylum Service has set up a specialised unit for vulnerable persons and children. In 2023, it consisted of 7 caseworkers for vulnerable persons, 2 of which were placed in Pournara, and 6 caseworkers for unaccompanied children.[2] The EUAA supports and coordinates vulnerability assessments in Pournara reception centre. In this context, during 2023, 2,534 persons were identified as presenting vulnerability indicators.[3]
In practice, cases of persons identified as vulnerable will be allocated to an examiner trained to deal with vulnerable cases and, in most cases, the applicant will receive an appropriate interview. However, even in such cases, there is not a set procedure or guidance wherein the examiner can request that the applicant receives support, such as medical or psychological support, in order to facilitate the interview and ensure the applicant is in a position to provide the elements needed to substantiate their claim.
Furthermore, issues arise when cases are not identified as vulnerable or the vulnerability occurs after registration where the screening for vulnerabilities takes place. In such cases, an interview will most probably be carried out by an officer/caseworker who lacks the necessary training, unless a legal representative of the applicant communicates the issue to the Asylum Service. Specific interview techniques are not systematically used, and practice still depends on individual officers/caseworkers conducting interviews. Due to the lack of a quality control mechanism, similar cases are often examined in a different manner resulting in different outcomes, such as LGBTIQ cases. As there is no internal procedure to refer cases, an examiner without the necessary training and expertise will often continue with the interview and examination of the application. In view of the lack of a complaints mechanism in the Asylum Service, applicants have no recourse to address issues such as caseworkers failing to take into consideration their vulnerabilities or sensitivities; not being impartial; carrying out the interview in an interrogatory manner or having a problematic attitude.[4]
If requested, usually in writing, a social advisor or psychologist can escort a vulnerable person to the interview. However, due to the low capacity of available services, this is not utilised very often. Based on cases represented by CyRC, when such a request is made it is granted, but capacity only allows for 2-3 cases per year. The role of the social advisor or psychologist during the interview is to provide support for the applicant. They do not intervene in the interview.
Exemption from special procedures
The Refugee Law also provides that where such adequate support cannot be provided within the framework of the Accelerated Procedure, in particular where it is considered that the applicant is in need of special procedural guarantees as a result of torture, rape, or other serious forms of psychological, physical or sexual violence, the Head of the Asylum Service shall not apply, or shall cease to apply, the accelerated procedure.[5]
Asylum applications submitted by vulnerable groups of asylum seekers such as victims of torture, severe forms of violence and unaccompanied children follow the regular examination procedure.
In practice the use of the accelerat ed was only initiated toward the end of 2019 with limited use until late 2022.[6] Cases have been identified that were initially being examined under the accelerated procedures and were transferred to the regular procedure due to the applicant raising arguments that are complex and cannot be examined within the 30-day timeframe as stipulated by the Law (usually either due to submitting a lot of evidence or there being a need for multiple interviews).[7] However as the procedures have been implemented recently further monitoring is required.
[1] Article 10A Refugee Law.
[2] Information provided by the Asylum Service, January 2018.
[3] Information provided by the EUAA, 26 February 2024.
[4] Information based on cases represented by the Cyprus Refugee Council.
[5] Article 10Α(3)(a).
[6] Based on cases reviewed by the Cyprus Refugee Council.
[7] Information provided by Cyprus Refugee Council.