Training of instructors at border areas/entry points and increased knowledge on asylum procedures in all EU member states

 

Implemented by the Greek Council for Refugees and the Hellenic Ministry of Public Order

A project co-funded by the European Commission

 

QUESTIONNAIRE

 

Objectives and activities of ODYSSEUS project 2001-2002 implemented by the Greek Council for Refugees.

 

The Greek Council for Refugees (GCR) in collaboration with the Greek Ministry of Public Order is conducting a one year project under the European Commission Program ODYSSEUS. The specific character of the Odysseus Program is to provide for cross border cooperation in the area of asylum and will focus on the following issues:

 

• Promoting a model of cooperation between NGOs and Governmental Agencies, especially in the area of training and instruction of high-ranking officers as well as cooperation in the case of large group arrivals at the external borders and entry points of the European Union.
• Overcoming obstacles in national legislation for each member state
• Overcoming difficulties in the implementation of European legislation relating to asylum issues and
• Examine obstacles in national legislation in order to promote harmonization of the asylum procedure.

 

The main activities of the project include

• Training of trainers missions to the Greek border areas in the beginning of 2002 with the participation of the Danish and Portuguese Refugee Councils and the Danish, Portuguese and Cypriot Immigration Services
• Distribution of a questionnaire and
• A seminar, which will be held in Athens on the 19-20^th of September 2002.

 

The attached questionnaire is therefore an important part of the Odysseus Program and your participation is considered crucial for the success and implementation of the project. We therefore hope that you will find time in your busy schedule to fill it in. We would appreciate if your answer can be provided by August 1 2002.

 

In advance we would like to thank you very much for your participation.

 

Kind Regards

 

Kenneth Brant Hansen, project-responsible

 

Constantinos J. Mavroidis, project-responsible

 

 

Contact details

Project responsible: Constantinos Mavroidis and Kenneth Brant Hansen

Address: The Greek Council for Refugees, Solomou 25, Athens 10682, Greece

Tel: 0030-1-3802508, Fax: 0030-1-3803774, Email: gcr1@gcr.gr

 

 

 

Questionnaire

 

Section A:

Models of cooperation between NGO’s and Governmental Agencies in the area of border arrival and training of officials.

 

1. In which of the following areas do refugee NGO’s participate in the asylum procedure or cooperate with Governmental Agencies in your country?                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

·  On-the-spot examination of asylum applications at entry points/border areas
·  Legal assistance in the border areas
·  General legal assistance
·  Legal representation of asylum seekers during asylum interviews with governmental officials
·  Training activities of governmental officials
·  Involvement in the accelerated procedure
·  Representation in appeal boards
·  Representing asylum seekers in the appeal procedure
·  Participation in the legislative process
·  Providing expert opinion on asylum issues
·  Social services
·  Reception facilities
·  Translation services
·  Other activities

 

2. How is the cooperation between NGO/GA’s formalized in the asylum procedure?

 

·    In the constitution
·    In primary legislation
·    In secondary legislation
·    In administrative practice
·    In contracts
·    Individual projects or programs
·    No formal cooperation

 

3. Please elaborate on models of cooperation between NGOs/GAs, by mentioning good practices and positive as well as negative impacts of close cooperation (e.g. safeguarding of access to asylum procedure, rights of asylum seekers etc.)

 

 

 

 

4. Cooperation between NGO/GA at border areas.

 

4.a To which extent is the asylum procedure conducted at border areas in your country?

 

The asylum seeker is apprehended in a border area by the authorities/police who

·    Accept the asylum application
·    Accept application and register personal data
·    Accept application, register personal data and establish travel route, verify travel documents, involvement of smugglers etc.
·    All of the above as well as conducting an asylum interview
·    All of the above as well as determination of a safe third country or the application of an accelerated procedure

 

If the asylum procedure varies from the above please briefly describe the procedure in your country (for example: transfer of A/S to refugee-camps, detention centers etc.)

 

 

 

 

4.b To which extent do NGO’s participate in case of border arrivals?

No participation at all
Ad hoc participation (when requested by authorities)
Full participation to secure that the rights of the asylum seeker is kept
Other participation (translation-service, social-service etc.)

 

 

 

5. Training of border officials

 

5.a What training on matters of asylum has the first contact person received?

 

No training on asylum matters
Some training on asylum matters and social issues
Satisfactory level of training on asylum matters and social issues
Specialized level of training on asylum matters and social issues (e.g. dealing with women, UAM etc)

 

5.b To which extent do NGOs participate in training of border officials

No training is provided
Training is provided through governmental agencies
NGO’s provides training on a regular basis
NGO’s provides training in specific circumstances or on specific subjects

 

6. Training materials

6.a Under the Odysseus program implemented in 1999, GCR produced in collaboration with refugee NGO’s in Denmark, Holland and the UK a series of instructional videos to be used for training of officials. This series of videotapes were distributed to each Member State in the European Union as well as to the applicant countries. Has your agency received a copy of this series?

Yes No Don’t know

 

6.b If yes, have you actually used it in training of officials for conducting asylum interviews?

 

Yes No

6.c Do you have any further comments on the usefulness and quality of the instructional tapes?

 

Further comments on training of officials (e.g. best practices, proposals, useful training material etc.)

 

 

 

 

 

 

 

 

 

Section B:

 

Overcoming internal legislation obstacles for each country to secure a fair and effective asylum procedure.

 

7. In which area of the asylum procedure do you experience insufficiencies in the legislation or encounter obstacles to achieve a fair and effective asylum procedure? (Choose three of the areas below and number (1,2,3) according to the level of importance)

 

Rules governing the submission of asylum applications
Rules governing the access to the asylum procedure
Rules governing the examination of the asylum application (competent authorities, their level of training to provide the service etc)
Rules governing the application and interpretation of the Geneva Convention
Rules governing the substance of a subsidiary protection (Humanitarian, de facto etc)
Rules governing an accelerated procedure
Rules governing the access to appeal
Rules governing the institutions of appeal
Rules governing family reunification for recognized refugees and persons who have received subsidiary protection

 

8. In which area of the asylum procedure do you experience insufficiencies in the practical implementation of national legislation? (Choose three of the areas below and number (1,2,3) according to the level of importance)

·  Rules governing the reception of asylum seekers
·  Rules governing the submission of asylum requests and the access to the asylum procedure
·              Rules governing the examination of the asylum request (competent authorities, their level of training to provide the service etc)
·  Rules governing the application and interpretation of the Geneva Convention
·  Rules governing the substance of a subsidiary protection (Humanitarian, de facto etc)
·  Rules governing an accelerated procedure
·  Rules governing the access to appeal
·  Rules governing the institutions of appeal
·  Rules governing the family reunification for a recognized refugee (incl. for persons who have received a form of subsidiary protection)

 

9. For which reasons has the practical application of national legislation proved difficult?

Please elaborate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section C:

Overcoming difficulties in the implementation of European Legislation and policies

 

10. Which area of asylum law do you expect to cause the greatest difficulties in a uniform application? (Choose three of the areas below and number (1,2,3) according to the level of importance)

Uniform refugee status
Uniform subsidiary protection
Uniform asylum procedures
Uniform application of the principles in the Dublin Convention
Uniform application of the Schengen agreement in relation to asylum seekers
Uniform application of reception standards
Other areas of asylum law (e.g. family reunification etc.)

 

 

11. For the area selected, why do you think that a uniform application is difficult in this area?

Because of different legal traditions
Because of differences in the member states priorities regarding sufficient funding for implementing common rules in the area of asylum
Because of differences in geography and the influx of asylum seekers

 

• Other reasons, please elaborate