Decisions on objections against detention by administrative court:
2023
1800
1600
1400
1200
1000
800
600
400
200
0
Approved
Dismissed
Source: Ministry of Justice, Reply to parliamentary question, 14 Feb 2024
2023 too was marked by sharp disparities between judicial review of detention in
objections and ex officio judicial review of extensions of detention orders based on
domestic asylum and return legislation, even though these concern the very same
provisions and are carried out by the same courts:
Ex officio review of legality of immigration detention: 2023
Asylum (L 4939/2022)
Return (L 3907/2011)
Quashed
percentage
Quashed
Upheld
Quashed
Upheld
Corinth
10
3,480
0
0
0.3%
Kavala
3
741
0
253
0.3%
Piraeus
1
46
4
63
4.4%
Komotini
4
403
0
132
1.4%
Others
2
31
1
25
0.7%
Total
20
4,701
5
473
0.5%
Source: Ministry of Justice, Reply to parliamentary question, 14 Feb 2024
The above data confirm manifest discrepancies in the workings of existing mechanisms
for judicial review of the legality of detention. The administrative courts quashed 45.6%
of detention orders brought before them through objections but found no more than
0.5% of orders they reviewed ex officio to be unlawful.
RSA POLICY NOTE │ IMMIGRATION DETENTION | MAY 2024
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