guidance

High-risk § 3.7.4

Point 7(c): AI systems intended to be used for assistance in examining asylum/visa/residence applications and associated complaints

Official source ↗

(397)

Point 7(c) of Annex III classifies as high-risk AI systems intended to be used by or on behalf of competent public authorities or by Union institutions, bodies, offices or agencies to assist competent public authorities in the examination of applications for asylum, visa or residence permits and with associated complaints as regards the eligibility of the natural persons applying for a status, including related assessments of the reliability of evidence. Such systems are classified as high-risk because they have the potential to materially influence the decisions of public authorities that affect people who are often in a particularly vulnerable position and errors, bias, or opacity may lead to severe, and sometimes irreversible harm (e.g., due to refusal of status or exposure to removal).

(398)

Point 7(c) covers AI systems intended to assist competent authorities in examining the eligibility of applicants for asylum, visa or residence permits and in examining associated complaints that relate to the eligibility determination. This includes compla ints concerning elements capable of affecting either the substantive assessment of the application (such as facts, evidence, or credibility) or the procedural fairness of the decision-making process (such as the right to be heard, interpretation, or reason ing). It does not cover complaints concerning general service quality, understood as complaints about organisational or logistical aspects of service delivery that do not affect the substance of the eligibility assessment or the procedural fairness of the decision-making process.

(399)

The elements listed in point 7(c) of Annex III are alternative (asylum or visa or residence; applications or associated complaints), not cumulative. The terms ‘including related assessment of the reliability of evidence’ clarifies that reliabilityof-evidence checks are illustrative, not-exhaustive. The concept of ‘assistance’ is not limited to the decisions e.g. on application for international protection. It also covers earlier stages of the examination (e.g. steps that analyse interview content, documents or country-of-origin information and are relevant for the decision on the merits. Where the AI system’s outputs materially influence the substance or outcome of eligibility determinations, such as by validating or challenging evidence, highlighting inconsistencies, prioritising issues, or pre-classifying status elements it should be classified as high-risk pursuant to point 7(c) of Annex III. For example, if an AI system derives its outputs from the substance of a live case (statements, documents, COI) and uses them to prioritise, flag, validate or challenge evidence, or to recommend next steps, it materially influences the examination and remains within point 7(c).While the filter mechanism in Article 6(3) may be relied upon for narrow procedural or purely preparatory tasks, the systems assessing reliability of evidence generally materially influence decision-making and should in principle be classified as high-risk (e.g. in case of detection of document morphing).

(400)

Where a single integrated assistant is intended to assist in the examination of eligibility (and associated complaints) and its outputs can materially influence substance (e.g. by validating or challenging evidence, prioritising issues, or pre-classifying status elements), the overall AI system falls within the use case listed in point 7(c) of Annex III. If individual functionalities are truly separable and put into service independently (e.g. as stand-alone tools), each functionality may be assessed on its own for possible high-risk classification. Some modules can qualify for as the exceptions for AI systems intended to perform narrow procedural or purely preparatory listed in Article 6(3)(a) and (d) AI Act, while others remain high-risk. However, low-risk modules inside a single assistant that steers eligibility analysis, cannot benefit from the filter mechanism. Nor does embedding low-risk modules inside a single assistant that steers eligibility analysis bring the overall system under the filter mechanism. For the exception in Article 6(3)(c) AI Act to apply, the system must be intended to perform ex-post detection of patterns or deviations.

a) Practical examples of AI systems falling within the use case of point 7(c) of Annex III

Evidence appraisal and consistency analysis

b) Practical examples of an AI system falling outside the use case of point 7(c) of Annex

c) Practical examples of AI systems falling within the use case but exempted under the filter mechanism of Article 6(3)

Narrow procedural tasks (Article 6(3)(a) AI Act)