Accordingly, the Director of the Police Directorate of Lesvos issues a new decision called
“decision on deportation of an alien in view of a readmission procedure,” which orders “the
continuation of the detainee's detention until his deportation/readmission is carried out (…)
because, based on the general circumstances, he is considered to be a flight risk.”
The “low profile” detainee is then transferred to Lesvos RAO, where he registers his asylum
application. This practically consists of providing his fingerprints and answering the questions of
the “registration form,” one of which is to state “in a few words” the reasons why he does not
wish to return to his country. Subsequently, Lesvos RAO schedules an asylum interview for the
applicant. After the asylum registration and before the asylum interview, the Head of Lesvos
RAO issues a recommendation suggesting the continuation of the detention of the asylumseeker on the basis 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”11 and only "if it is considered that alternative measures such
as those referred to in Article 22 (3) of Law 3907/2011 cannot be applied"12 and "provided that,
possible lack of suitable space and the difficulties of securing decent living conditions are taken
into consideration.”13 In principle, the Head of RAO recommends the continuation of detention
of all asylum seekers falling within the parameters of the “low profile detention scheme.”
On the basis of this recommendation, the Director of the Police Directorate of Lesvos produces
a new draft decision that suspends the earlier readmission decision. At the same time, this draft
decision orders the continuation of the detention as per Art. 46 of L. 4375/2016, and
specifically:
“for a period not exceeding (45) days from the submission of the application [for
international protection] (...) and which shall be extended for (45) days more
unless the recommendation of the Head of the Receiving Authority [RAO] is
revoked and provided that the total duration of the detention in no case exceeds
the maximum detention limits foreseen in article 30 of Law 3907/2011.”14
It is at this stage that the detention decisions are submitted to the Administrative Court of
Lesvos for the purposes of the automatic judicial review foreseen in Art. 46(5) of L. 4375/2016.
11
Art. 46(2)(c) of L. 4375/2016.
Art. 46(2) of L. 4375/2016. Also, as per Art. 22(3) of L. 3907/2011, such measures could be: regular reporting to
the authorities, deposit of an adequate financial guarantee, submission of documents or the obligation to stay at a
certain place.
13
Art. 46(8) of L. 4375/2016.
14
As per Art. 30 of L. 3907/2011, which transposes the EU Return Directive, the maximum detention time is 18
months.
12
Welcome the stranger. Protect the refugee. | 10
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