Personal interview | Let's Speak Asylum

Background information

The personal interview is the next procedural step after completing the registration of the application. The Member State selects an interpreter to ensure appropriate communication during the interview (⁷²). Before the interview, the applicant can express specific requests regarding the interview, including the wish to be interviewed by a case officer and/or an interpreter of the same sex (⁷³). The applicant can also express a request for certain third parties (legal representatives, social workers, doctors, guardian, a trusted support person, etc.) to attend the personal interview, under the conditions laid out in your national practice (⁷⁴).

In exceptional circumstances, national authorities can decide not to conduct a personal interview. This can occur when the available information is considered enough for the authority to grant refugee status to the applicant. It can also occur when the authority deems that the applicant cannot attend the interview due to sustained medical reasons. If in doubt, a doctor is to be consulted to establish whether the applicant is expected to recover or whether that medical condition is of an enduring nature (⁷⁵).

During the personal interview, the applicant is given an opportunity to present all elements needed to substantiate their application (⁷⁶). As the interview provides the applicant with an important opportunity to present the relevant elements to substantiate the application, the case officer has an important role during the interview in enabling the applicant to fulfil this duty and, consequently, also fulfilling the duty of the Member state in cooperating with the applicant in order to assess the relevant elements (⁷⁷). Providing information during the interview regarding the rights and obligations of the applicant, as well as the format and the aim of the interview, is therefore also important for the applicant in understanding the asylum process (⁷⁸).

(⁷²) Article 15(3), point (c) APD (recast) ‘Requirements for a personal interview’; For more information, see topic 3.3.2.Access to an interpreter.
(⁷³) Article 15(3), points (b) and (c) APD (recast) ‘Requirements for a personal interview’.
(⁷⁴) Article 15(4) APD (recast) ‘Requirements for a personal interview’.
(⁷⁵) Article 14(2) APD (recast) ‘Personal interview’.
(⁷⁶) Article 16 APD (recast) ‘Content of a personal interview’ and Article 4(2) QD (recast) ‘Assessment of facts and circumstances’: 'The elements … consist of the applicant’s statements and all the documentation at the applicant’s disposal regarding the applicant’s age, background, including that of relevant relatives, identity, nationality(ies), country(ies) and place(s) of previous residence, previous asylum applications, travel routes, travel documents and the reasons for applying for international protection'.
(⁷⁷) Article 16 APD (recast) ‘Content of a personal interview’; EASO, Practical Guide: Personal interview, December 2014, Section 2.4. Provide information to the applicant.
(⁷⁸) EASO, Practical Guide: Personal interview, December 2014, Section 2.4. Provide information to the applicant.

Explain these messages to the applicant during the registration/lodging.

Upon completion of the registration procedures, the applicant will receive an invitation for a personal interview. It should be specified how the applicant will be informed in accordance with national practice. If the interview is omitted, information should be provided to the applicants regarding the reasons for the omission.
What a personal interview is and that during the personal interview, the applicant will have an opportunity to explain in detail the reason(s) they left their country and why they are not able to return.
The interview will be in the language preferred by the applicant, or otherwise in a language that the applicant can understand and in which they are able to communicate clearly. An interpreter will be available during the interview.
The interview is organised in conditions ensuring confidentiality and without the presence of family members, unless their presence is considered necessary (⁷⁹). If relevant, inform the applicant whether they will need to arrange childcare for their children or whether it will be provided during the interview in line with national practice.
The possibility of having a legal adviser present during the interview and the role of the legal adviser (⁸⁰).
The possibility to ask for special arrangements, including the wish to be interviewed by a case officer and/or an interpreter of the same sex.
The consequences of not appearing at the interview without providing a valid explanation to the authority, in line with the national law or practice (⁸¹).
If the information is available, inform the applicant about the time and place of the personal interview. Other practical information can be included, for example, how to get there and the approximate length of the interview. If it is not possible to provide a date or an exact time frame in your national set-up, provide at least an approximate time frame in order to allow the applicant to prepare for the interview and collect relevant documents.
The applicant should also bring and present the relevant documents and/or any other evidence that can substantiate the application, including documents relating to the applicant’s identity and background (⁸²). For more information, see topic ‘Submit the elements to substantiate the application’.
Those in need of special procedural guarantees will be ensured adequate support (⁸³). Encourage the applicant to declare additional special needs that are not yet known by the authority. Depending on the applicant’s special need(s), a broad range of support measures may be taken, for example, special medical assistance, special arrangements for the interview and time extension.

Explain these messages to applicants during the personal interview.

The aim of the interview to the applicant. The personal interview is the opportunity for the applicant to explain to the authority in detail the reasons why they left their country of origin and why they are not able to return there. Any type of violence, harm or threats, physical or psychological, or restrictions of their freedoms and rights, by authorities or certain groups in the society or by individuals or even family members, may be relevant for their application.
The applicant is obliged to cooperate and tell the truth during the personal interview (⁸⁴).
Provide information about confidentiality (for more details, see topic 'Confidentiality').
Present the individuals present at the interview and inform about their roles as well as sharing information regarding potential rules concerning the presence of third parties at the interview, if relevant (⁸⁵).
Inform and encourage the applicant to indicate any communication/comprehension difficulties during the interview. This aims to limit the potential effects of factors of distortion (⁸⁶).
Inform the applicant, how the interview will be recorded (e.g. verbatim transcript, audio recording, interview report) and about the possibility to make comments and/or provide clarification orally or in writing with regard to any mistranslations or misconceptions appearing in the interview report/transcript.
Provide other practical information, such as information about the possibility to ask for a break (⁸⁷).
At the end of the interview, depending on the material acquired, detailed information about the next steps of the procedure. This can include, for example, the time needed for the authority to assess the applicants’ statements and any other available information and issue a decision, and how the decision will be delivered. The applicant will receive a decision in writing. In the event of a negative decision, the reasons will be stated and the way to challenge that decision will be explained (including information concerning the suspensive effects) (⁸⁸).
If, once the interview is over, the applicant remembers any information that they may consider important or they have access to any documentation that is crucial for the resolution of the case, they can provide it to be considered.

Good practice

Because of the time lap between an invitation and conducting an interview, sending a reminder of the appointment (e.g. via SMS, email) before the interview helps the applicant to remember it. It is preferable to send the reminder several days before the interview, so that the applicant has time to do all necessary travel arrangements.

Practical tip: information on the personal interview

At the registration/lodging stage, it is advisable to share only basic information and focus on topics that are relevant at that stage, for example, how the applicant can prepare for the interview. At the same time, avoid providing details that are not relevant at this stage and will be elaborated once the interview appointment takes place, such as detailed information about the step after the personal interview is completed.
When providing information during the interview, you should also use language adapted to the individual and contextual circumstances of the applicant (e.g. age, gender, education, social background, etc.), This is important in order to reach a mutual understanding of the interview situation and to safeguard the applicant’s legal rights (⁸⁹).
During an interview, it is advisable to inform the applicant about the time frame of the interview.
The case officer should explain why providing all relevant and correct information is beneficial in order to reach a sound decision. When addressing the obligation to tell the truth, the case officer could stress the fact that this is explained to everybody. In doing so, the case officer avoids being perceived as insinuating that the applicant intends to lie. It is also important to signal that it is only if the applicant knowingly provides false information that it may have negative consequences.
The case officer should also instruct the applicant that if they do not know the answer to a question, they should simply say this and not try to provide an answer by guessing (⁹⁰).

(⁸⁹) EASO, Practical Guide: Personal interview, December 2014, Section 2.3.4. Encourage the applicant to indicate any communication/comprehension difficulties.
(⁹⁰) EASO, Practical Guide: Personal interview, December 2014, pp. 8-9.

(⁷⁹) Article 15(2) APD (recast) ‘Requirements for a personal interview’; Article 15(1) APD (recast): ‘A personal interview shall normally take place without the presence of family members unless the determining authority considers it necessary for an appropriate examination to have other family members present.’
(⁸⁰) Article 23(3) APD (recast) ‘Scope of legal assistance and representation’. For more information, see topic 'Legal assistance and representation'.
(⁸¹) For more information, see topic 'Application can be considered as implicitly withdrawn or abandoned'.
(⁸²) Article 4 QD (recast) ‘Assessment of facts and circumstances’.
(⁸³) Article 24 APD (recast) ‘Applicants in need of special procedural guarantees’.
(⁸⁴) Article 13(1) APD (recast) ‘Obligations of the applicants’.
(⁸⁵) Article 15(4) APD (recast) ‘Requirements for a personal interview’.
(⁸⁶) EUAA, Practical Guide on Evidence and Risk Assessment, January 2024.
(⁸⁷) Article 15(3) APD (recast) ‘Requirements for a personal interview’.
(⁸⁸) Article 11 APD (recast) ‘Requirements for a decision by the determining authority’. For more information, see topics 'Notification', 'Time frame for the examination'.