Introduction Greece continues to systematically impose deprivation of liberty against asylum seekers and to expose people seeking protection to serious violations of fundamental rights and to unsuitable conditions in pre-removal centres and police stations. The practice persists despite sharp criticism and mounting condemnations of the country by international bodies. This note analyses current detention practice based on the latest available statistics on immigration detention and judicial review thereof, as well as on testimonies from refugees detained in Greece. Systematic unlawful removal decisions and deprivation of liberty against asylum seekers on the Eastern Aegean islands In 2021, the Hellenic Police issued 21,044 detention decisions throughout Greece. Of those, 15,666 were detention orders in the context of return procedures (governed by L 3907/2011), 4,553 under deportation procedures (governed by L 3386/2005) and 825 in the framework of the asylum procedure (governed by L 4636/2019, IPA). Circumvention of the Return Directive and pre-removal detention of newly arrived asylum seekers The Lesvos, Chios, Samos and Dodecanese Police Directorates continue to systematically infringe EU and domestic law by maintaining, from 2016 to present,1 the standard practice of blanket, indiscriminate deportation and detention orders against persons who have already undergone reception and identification procedures, have already expressed the intention to seek asylum already hold “applicant for international protection” status.2 Police authorities invoke Articles 17(2), 27(3) and 34 L 3907/2011, as well as L 3386/2005 to that end.3 Such decisions are issued despite the express and official admission from the Ministry of Citizen Protection that “all – almost – foreigners entering our country make an asylum application during the reception and identification procedure”.4 It is worth recalling that, according to established principles as set out in Article 2(c) of the Qualification Directive and Article 2(c) IPA, “applicant for international protection” status is acquired upon the expression of a person’s intention to seek international protection, regardless of the authority before which the claim is made.5 Greek legislation specifies that asylum seeker status is acquired through the written or oral expression of the intention to lodge an application.6 Moreover, Article 9 IPA enshrines the right of asylum seekers to remain on the territory until the completion of their asylum procedure at first instance, in line with the principle of non-refoulement. For their part, 1 2 3 4 5 6 Directorate of the Hellenic Police, Circular No 1604/16/1195968, 18 June 2016, available at: https://bit.ly/3qa9H0G. Article 65(8) IPA. See Article 2(2)(a) Return Directive. Ministry of Citizen Protection, Reply to parliamentary question, 7017/4/25899-γ΄, 16 March 2022, available at: https://bit.ly/3jE0Od9. CJEU, C-36/20 VL v Ministerio Fiscal, 25 June 2020, paras 93-94; C-808/18 Commission v Hungary, 17 December 2020, para 97. Articles 2(c) and 65(8) IPA. 1 RSA LEGAL NOTE│ 2022