The first measure was a geographical restriction – an order prohibiting asylum seekers
from leaving the Aegean islands on which their case is being examined.
Detention for non-compliance with this geographical restriction is not provided for
under Greek law. Yet the authorities often arrest individuals for infringing the
geographical restriction if they entered the country from five islands (Lesbos, Chios,
Leros, Samos or Kos). The legal basis for this type of detention stems from a Police
Circular issued on 18 June 2016. 33 Yet two years later, this very decision to impose
geographical restrictions was annulled by the Council of State, the highest
Administrative Court in the country, as incompatible with the Geneva Convention and the
European Convention on Human Rights. 34 Despite it contravening international law,
asylum seekers arrested for infringement of the geographical restriction are returned
from the mainland to the islands. 35
In 2020, a total of 282 asylum seekers were apprehended and returned to the islands for
this reason. 36
ASYLUM SEEKERS ARRIVING IN KOS
A ‘pilot project’ was implemented in May 2018 on the islands of Kos and Lesbos. Asylum
seekers coming from countries with an asylum recognition rate lower than 33% were
immediately placed into detention upon arrival and remained in detention during the
whole asylum application procedure. 37 This policy was tightened even further in 2020,
when new legislation created a 25-day period of ‘restriction of movement’ for newly
arrived persons so that they might be subject to the identification procedure. 38 In
practice, this has led to the generalized detention of any person arriving in Kos since 1
January 2020. 39 In Lesbos, this practice was abandoned after the fire that destroyed the
detention centre inside Moria camp.
ASYLUM SEEKERS FOR WHOM APPLICATION
FOR ASYLUM WAS IMPOSSIBLE DUE TO
ADMINISTRATIVE DEFICIENCIES
There are many cases where asylum seekers were prevented from applying for asylum
due to lack of access to the Asylum Service. In some cases, it seems that applicants
tried unsuccessfully to register via the inefficient Skype portal provided by the Asylum
Service. The individuals involved in these cases remained unregistered and are subject
to arrest and detention. 40
MIGRANTS WITH NO RESIDENCE PERMIT
Migrants who lack a legal residence permit in Greece are detained while the authorities
process their deportation or return. 41 Detention takes place in the Pre-Removal Centres
on the mainland. Asylum seekers whose application has been rejected in the second
instance may also be included in this group; after receiving a second instance decision,
they are downgraded to the status of undocumented migrants.
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