although an important procedural guarantee, is, in practice, limited to ensuring that the formal aspects of the procedure for “asylum detention” have been complied with, and it does not include a full review of the legality of the detention measure. Restricted access to international protection The adverse impact of the “low profile detention scheme” on the effective access to international protection cannot be underestimated. Due to their detention, it is impossible for the “low profile” detainees to collect evidence in support of their statements and to submit it to the Asylum Service, especially if they are not legally represented. However, the available free legal aid on Lesvos is scarce, especially at the appeals stage. At the same time, the “low profile” applicants are unable, in view of their detention and lack of financial means, to have access to private lawyers. Therefore, the rationale of the “low profile detention scheme” creates a selffulfilling prophecy. Expansion of detention under the new Law on International Protection Finally, it is important to note that the above observations should be read in light of the changes in the legal framework for the administrative detention of asylum seekers, introduced in the new Law on International Protection [Law 4636/2019]. These include the detention of asylum seekers even if they have requested asylum while at liberty, the abolition of the automatic judicial review of the initial asylum detention orders as well as the prolongation of the maximum detention period, which could reach up to 36 months. Thus, the new Law, expected to enter into force on 1 January 2020, risks further undermining the protection of asylum seekers from arbitrary detention. In view of the above, Greece should discontinue the “low profile detention scheme” immediately as it constitutes arbitrary detention. Welcome the stranger. Protect the refugee. | 22 22

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