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2nd Seminar of the Pilot Project 7 on Asylum and International Protection

The 2nd Seminar of Pilot Project 7, which took place in Brussels on 17-19 of February 2016,  gathered representatives of Albania, Armenia, Belarus, Belgium, Bosnia and Herzegovina, Georgia, Germany, Kazakhstan, Kosovo, Kyrgyzstan, Luxemburg, Moldova, Poland, Russia, Serbia, Sweden, Turkey and Ukraine, as well as various experts, representatives of the European Commission, UNHCR, ECRE and ICMPD.


Representatives of the Swedish Migration Agency (SMA) and the German Federal Office for Migration and Refugees (BAMF) as the leading states authorities of the Pilot Project 7  opened the event, underlining the importance of training in view of the significant flows of asylum seekers received at present. Both states reported on the substantial increase in the number of staff and the resulting need for in-house training. In this context, countries can certainly benefit from the experience of other states.


The 2nd PP7 seminar focused on the issues of credibility and evidence assessment, thus contributing to ensuring quality in decision making, while also providing training of trainers with a special focus on training methodology and the use of case law. The main aim is to enable participating states to carry out their own trainings independently.

During her presentation on core issues in international protection, Judge Judith Gleeson highlighted the fact that asylum law is constantly evolving. There are two major systems in place, namely the Geneva Convention and the Common European Asylum System (CEAS). In times of mass flows, as presently experienced, there is the risk that some of the 120 signatories to the Geneva Convention might drop out of it. This is why limits need to be drawn and controls reinforced, she said. In the following presentation on structured credibility assessment, Gabor Gyulai (Hungarian Helsinki Committee) reminded participants that there is no clear definition of ‘credibility’. Thereafter, Jane Herlihy (Centre for the Study of Emotion and Law, UK) introduced participants into the role of psychology in RSD. The remaining afternoon was used for case studies in break-out sessions, facilitated by the various experts. Day 2 related to psychological elements such as memory and trauma as well as an introduction to the multidisciplinary approach. Samuel Boutruche (UNHCR) introduced the UNHCR Manual on the Case Law of the European Regional Courts and the role of the organization when it comes to the development case law (‘third-party intervention’). There has been an incredible increase in the number of cases at all levels, from national to ECtHR and ECJ.


Later on, participants were divided into the three working groups according to their interest: 1. Credo Manual; 2. Training of trainers on facilitating case study sessions; 3. Open session for discussion of own (national) cases. The day was rounded of by a short overview on database searches and the available sources, newsletters and blogs with regards to asylum case law, as well as a short discussion on the envisaged PP7 Guidelines.


The final third day started with an introduction of the EASO Practical Guide on Evidence Assessment, followed by some good practices in terms of training methodology. During the final feedback session, all states expressed their satisfaction with the seminar. For some participants this was in fact the first training received in years. Several states expressed their commitment to implement the recommendations received and share them with their colleagues. The challenge of compiling the recommendations and transpose them into the national system and to the practice on the ground was also mentioned. The sharing of experiences among states was perceived as highly beneficial in order to receive lessons learnt from other states, work towards further harmonization and allow for a ‘bird perspective’ on the problems faced by the different states and a self- reflection on own practices.


The Final PP7 seminar will take place in Berlin on 20-22 April 2016 and will mainly focus on exclusion clauses, internal flight alternative, subsidiary protection and the discussion of the draft PP7 Guidelines.

 

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