Legal Framework for the Administrative Detention of Asylum Seekers The administrative detention of asylum seekers4 in Greece is currently governed by Art. 46 of Law 4375/2016, as amended by Law 4540/2018 (see Annex).5 Article 46, entitled “Detention of applicants,” states that only persons who applied for international protection while already in detention may be detained, and only “exceptionally,” if necessary “after an individual assessment” and under the condition that no alternative measures can be applied. Applicants cannot be detained for the sole reason that they applied for international protection, and that they entered irregularly and/or stay in the country without a legal residence permit. Under this law, an asylum seeker may only be detained for one of the following reasons: a. in order to determine his /her identity or nationality; b. in order to determine those elements on which the application for international protection is based which could not be obtained otherwise, in particular when there is a risk of absconding of the applicant; c. when it is ascertained on the basis of objective criteria, including that he/she already had the opportunity to access the asylum procedure, that there are reasonable grounds to believe that the applicant is making the application for international protection merely in order to delay or frustrate the enforcement of a return decision, if it is probable that the enforcement of such a measure can be effected; d. when he/she constitutes a danger for national security or public order; or e. when there is a serious risk of absconding of the applicant in order to ensure the enforcement of a transfer decision according to the Dublin III Regulation. A new detention order will be issued by the competent police authority and shall include a “complete and comprehensive reasoning,” which, with the exception of the “national security/public order” detention ground, is taken upon a recommendation by the Head of the competent Asylum Office. The Law foresees that the detention shall be imposed for the minimum necessary period of time and that the detention on the grounds mentioned in points (a), (b) and (c) shall, initially, not exceed 45 days and can later be prolonged by a further 45 days, as long as the recommendation of the Asylum Service is not recalled. The detention on the grounds of points (d) and (e) shall not exceed three months. In any case, the total detention period may not 4 The terms “asylum seeker” and “applicant” will be used interchangeably throughout this report. Greece: Law No. 4375 of 2016 on the organization and operation of the Asylum Service, the Appeals Authority, the Reception and Identification Service, the establishment of the General Secretariat for Reception, the transposition into Greek legislation of the provisions of Directive 2013/32/EC [Greece], 3 April 2016, available at: https://www.refworld.org/docid/573ad4cb4.html 5 Welcome the stranger. Protect the refugee. | 6 6