1. Determining or verifying their identity or nationality (Article 8(3)(a)); 2. Determining the elements of the asylum application which could not be obtained without detention, such as there is a risk of absconding (Article 8(3)(b)); 3. Determining right to enter the territory (Article 8(3)(c)); 4. When they are subject to a returns procedure,[29] to prepare the return and/or carry out the removal process, and the Member State can objectively substantiate that they believe a further asylum application—by an individual who has had the opportunity to access the asylum procedure —is only being made to delay or frustrate the returns procedure (Article 8(3) (d)); 5. When it is necessary for the protection of public order or national security (Article 8(3)(e)); 6. Determining according to Dublin III[30] which Member State is responsible for examining an application for international protection (Article 8(3)(f)). The Greek International Protection Act entered into force in 2020, transposing the above requirements for the detention of an applicant of international protection,[31] and was later replaced in 2022 with Law 4939/2022, with the grounds laid out at Article 50(2)(a-e).[32] Article 50(2) of the new law reinforces that such a detention measure should be applied exceptionally, after an individual assessment, and only as a measure of last resort where no alternative measures can be applied. There is broad concern that people automatically detained in the CCACs on the Aegean hotspot islands are detained without individual assessment,[33] access to legal advisers or counsellors,[34] and without sufficient legal basis.[35] The detention of people seeking international protection on grounds other than those provided for in ___ [29] Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals. [30] In accordance with Article 28 of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013. [31] Law 4636//2019. Article 46. [32] Ratification of a Code of Legislation on the reception, international protection of third country citizens and stateless persons and temporary protection in the event of a mass influx of displaced foreigners, Law No 4939/2022, Published in the Official Gazette 111/A/10-06-2022, Article 148. [33] Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast). Article 8(2). [34] Ibid. Article 10(4). [35] Greek Council for Refugees. 2022. Country Report Greece: Detention of Asylum Seekers. Available here. Page 11

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