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. 15