European Ombudswoman Teresa Anjinho has found several instances of maladministration in how the EU Agency for Asylum (EUAA) supports Greek authorities in processing asylum applications. 

These included failing to ensure that its caseworkers were sufficiently trained to conduct interviews with vulnerable asylum seekers and not providing asylum seekers with a procedure to report potentially consequential mistakes made by caseworkers during interviews.

The inquiry followed a complaint by two NGOs that provide legal support to asylum seekers on Samos Island.

The Ombudswoman noted that the EUAA must guarantee the protection of fundamental rights in its activities, including when it is only carrying out a support role. For this reason, EUAA asylum support teams should conduct interviews in a way that allows traumatised asylum seekers to give testimony to support their asylum claims.

To improve how it carries out work with Member States related to managing migration at the EU’s external borders, the Ombudsman said the EUAA should ensure that:

- caseworkers participating in asylum support teams receive regular training on vulnerability and victims of human trafficking;

- there are procedures for directing victims of trafficking to the appropriate national authorities;

- there is follow-up by national authorities when vulnerabilities – particularly medical ones – have been identified;

- there is an established system allowing people requesting asylum to report mistakes in an asylum interview and that this is followed by a timely assessment by the EUAA.

Reporting on Member State fundamental rights violations

The Ombudswoman also asked the EUAA to review its internal reporting system for alleged violations of the fundamental rights of asylum seekers by any Member State. In addition, it should ensure that any apparent breaches are notified to the European Commission, including reports of pushbacks.

The Ombudswoman said the review should feed into the ongoing development of the EUAA’s ‘escalation mechanism’ and once this is set up, staff should be informed of their reporting obligations.

To get an overview of the situation in other Member States, the Ombudswoman has asked her counterparts in the European Network of Ombudsmen for their views on how fundamental rights are being upheld during cooperation between the EUAA and national asylum officials.

Background

The ‘European Agenda for Migration’, presented in 2015, introduced the ‘hotspot approach’ whereby EU agencies and Member States work together to manage migration at the EU’s external borders.

In Greece, this resulted in the creation of several facilities in the Eastern Aegean Islands to host people arriving by sea while their applications are processed.

Under operational plans concluded with Greece, EUAA caseworkers are present in these facilities and conduct interviews with asylum seekers. They may also draft opinions on asylum applications. The interview transcripts and opinions are used by the Greek authorities to take individual decisions on asylum applications.