Admissibility interview
1. Without prejudice to Article 38(1) and Article 55(4), before a decision is taken by the determining authority on the inadmissibility of an application in accordance with Article 38, the applicant shall be given the opportunity of a personal interview on admissibility (the ‘admissibility interview’).
2. In the admissibility interview, the applicant shall be given an opportunity to provide reasons as to why the inadmissibility grounds provided for in Article 38 would not be applicable to him or her.
Substantive interview
1. Before a decision is taken by the determining authority on the merits of an application for international protection, the applicant shall be given the opportunity of a personal interview on the substance of his or her application (the ‘substantive interview’). The substantive interview may be conducted at the same time as the admissibility interview provided the applicant has been informed of such a possibility in advance and has been able to consult with his or her legal adviser in accordance with Article 15 or with a person entrusted with providing legal counselling in accordance with Article 16.
2. In the substantive interview, the applicant shall be given the opportunity to present the elements needed to substantiate his or her application in accordance with Regulation (EU) 2024/1347, and he or she shall provide the elements referred to in Article 4(2) of that Regulation as completely as possible. The applicant shall be given the opportunity to provide an explanation regarding elements which might be missing or any inconsistencies or contradictions in his or her statements.
Requirements for personal interviews
1. Personal interviews as provided for in Articles 11 and 12 shall be conducted in accordance with the conditions established in this Regulation.
2. Where an application for international protection is lodged in accordance with Article 31, the adult responsible referred to in that provision shall be given the opportunity of a personal interview pursuant to Articles 11 and 12. The applicant shall also be given the opportunity to participate in that interview provided that paragraph 11, point (c), of this Article does not apply.
3. The personal interviews shall be conducted under conditions which ensure appropriate privacy and confidentiality and which allow applicants to present the grounds for their applications in a comprehensive manner.
4. The presence of the applicant’s legal adviser at the personal interview, where the applicant has decided to avail himself or herself of legal assistance in accordance with Section III of this Chapter shall be ensured.
5. An interpreter who is able to ensure appropriate communication between the applicant and the person conducting the interview shall be provided for the personal interviews.
The presence of a cultural mediator may be provided during the personal interviews.
Member States shall give preference to interpreters and cultural mediators that have received training, such as training referred to in Article 8(4), point (m), of Regulation (EU) 2021/2303.
Member States shall ensure that interpreters and cultural mediators are made aware of the key concepts and terminology relevant to the assessment of applications for international protection, for example through a standard leaflet or a guide. Communication shall take place in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly.
6. Personal interviews shall be conducted by the staff of the determining authority.
Where there is a disproportionate number of third-country nationals or stateless persons who make an application within the same period of time, making it unfeasible to conduct timely personal interviews of each applicant, the determining authority may be assisted temporarily by the staff of other authorities of that Member State who shall receive in advance the relevant training which shall include the elements listed in Article 8 of Regulation (EU) 2021/2303 to conduct such interviews or by the Asylum Agency in accordance with Article 5.
7. The person conducting the interview shall:
(a)
be competent to take account of the personal and general circumstances surrounding the application, including the situation prevailing in the applicant’s country of origin, and the applicant’s cultural origin, age, gender, gender identity, sexual orientation, vulnerability and special procedural needs;
(b)
not wear a military or law enforcement uniform.
8. Staff interviewing applicants, including experts deployed by the Asylum Agency, shall have:
(a)
acquired general knowledge of factors which could adversely affect the applicant’s ability to be interviewed, such as indications that the person may have been tortured in the past or a victim of trafficking in human beings;
(b)
received, in advance, training that includes relevant elements from those listed in Article 8(4) of Regulation (EU) 2021/2303.
9. Where requested by the applicant and where possible, the determining authority shall ensure that the interviewers and interpreters are of the sex that the applicant prefers, unless it has reasons to consider that such a request does not relate to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner.
10. By way of derogation, the determining authority may hold the personal interview by video conference where duly justified by the circumstances.
In such a case, the determining authority shall ensure the necessary arrangements for the appropriate facilities, procedural and technical standards, legal assistance and interpretation taking into account guidance from the Asylum Agency.
11. The admissibility interview or the substantive interview, as applicable, may be omitted where:
(a)
the determining authority is able to take a positive decision with regard to the refugee status or the subsidiary protection status on the basis of the evidence available, provided that the subsidiary protection status offers the same rights and benefits as refugee status under Union and national law;
(b)
the determining authority considers that the application is not inadmissible on the basis of the evidence available;
(c)
the determining authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his or her control;
(d)
in the case of a subsequent application, the preliminary examination referred to in Article 55(4) is carried out on the basis of a written statement;
(e)
the determining authority considers the application inadmissible pursuant to Article 38(1), point (c).
The omission of a personal interview pursuant to point (c) of the first subparagraph shall not adversely affect the decision of the determining authority. Where the personal interview is omitted pursuant to that point, the determining authority shall give the applicant an effective opportunity to submit further information in writing.
When in doubt as to the fitness or ability of the applicant to be interviewed, the determining authority shall consult a medical professional to establish whether the applicant is temporarily unfit or unable to be interviewed or whether his or her situation is of an enduring nature. Where, following consultation of that medical professional, it is clear that the condition making the applicant unfit or unable to be interviewed is of a temporary nature, the determining authority shall postpone the personal interview until such time as the applicant is fit or able to be interviewed.
Where the applicant is unable to attend the personal interview owing to specific circumstances beyond his or her control, the determining authority shall reschedule the personal interview
12. Applicants shall be present at the personal interview and shall be required to respond in person to the questions asked.
13. An applicant shall be allowed to be assisted by a legal adviser in the personal interview, including when it is held by video conference.
The absence of the legal adviser shall not prevent the determining authority from conducting the interview.
Member States may stipulate in national law that, where a legal adviser participates in the personal interview, the legal adviser may only intervene at the end of the personal interview.
14. Without prejudice to Articles 11(1) and 12(1) and provided that sufficient efforts have been made to ensure that the applicant has been afforded the opportunity of a personal interview, the absence of a personal interview shall not prevent the determining authority from taking a decision on the application for international protection.
Report and recording of personal interviews
1. The determining authority or any other authority or experts assisting it in accordance with Article 5 and Article 13(6) with conducting the personal interviews shall make a thorough and factual report containing all the main elements of the personal interview, or a transcript of the interview or a transcript of the recording of such an interview, to be included in the applicant’s file.
2. The personal interviews shall be recorded using audio means of recording. The applicant shall be informed in advance of the fact that such a recording is being made and the purpose thereof. Particular attention shall be paid to the requirements of applicants in need of special procedural guarantees. The determining authority shall include the recording in the applicant’s file.
3. The applicant shall be given the opportunity to make comments or provide clarification orally or in writing with regard to any incorrect translations or misunderstandings or other factual mistakes appearing in the report, the transcript of the interview or the transcript of the recording, at the end of the personal interview or within a specified time limit before the determining authority takes a decision. To that end, the applicant shall be informed of the entire content of the report, of the transcript of the interview or of the transcript of the recording, with the assistance of an interpreter, where necessary.
4. The applicant shall be requested to confirm that the content of the report or the transcript of the interview correctly reflects the personal interview. Where the applicant refuses to confirm the content, the reasons for that refusal shall be entered in the applicant’s file. That refusal shall not prevent the determining authority from taking a decision on the application. Where there is doubt as to the statements made by the applicant during the personal interview, the audio recording shall prevail.
5. The applicant does not have to be requested to make comments or to provide clarifications on the report or the transcript of the interview, nor to confirm that the content of the report or the transcript of the interview correctly reflects the interview where:
(a)
under national law, the recording or a transcript thereof may be admitted as evidence in the appeal procedure, or
(b)
it is clear to the determining authority that the applicant will be granted refugee status or subsidiary protection status provided that the subsidiary protection status offers the same rights and benefits as refugee status under Union and national law.
6. Applicants and, where they have been appointed, their representatives and their legal advisers shall have access to the report or transcripts referred to in paragraph 1 as soon as possible after the interview and in any case in due time before the determining authority takes a decision,.
Access to the recording shall also be provided in the appeal procedure.
