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.
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