who arrived via Türkiye and are considered safe there have not been
implemented for more than two years.[181] Many of our respondents
explained that they were rejected because they should be returned to
Türkiye on the basis of the safe third country concept, and were detained
for extensive periods of time. This includes a significant number of Afghan
nationals - who represented over 20% of respondents - despite the ongoing
critical situation in their country of origin since August 2021,[182] and the
lack of prospects of return to Türkiye.
In addition, neither EU Readmission Agreements or bilateral agreements
have ever been formalised between Greece and a significant number of our
respondents’ countries of origin. For example, despite the Commission
receiving a mandate from the Council to negotiate an EU Readmission
Agreement with Algeria in 2002, Morocco in 2003 and Tunisia in 2014,[183]
negotiations with Morocco have been on hold since 2015, negotiations with
Algeria have not yet started beyond informal dialogue and despite “good
progress at a technical level in 2018”, the process was put on hold with
Tunisia due to elections.[184] This means that removal must be organised
individually, and the country of origin must readmit nationals being
returned from Greece on a case-by-case basis. In practice, administrative
and political barriers delay or even halt returns taking place at all. Nearly a
quarter of our respondents were Algerian, Tunisian or Moroccan nationals,
and majoritarily detained in view of removal. Yet according to European
statistics on readmission procedures,[185] a very small proportion of
Algerian, Moroccan and Tunisian nationals are actually returned. For the
years 2018, 2020 and 2021, in total, 34 Algerians, 3 Moroccans and 4
Tunisians were forced to return. Meanwhile, 12 170 orders to leave were
delivered for third country nationals from Algeria, 1 705 from Morocco and
160 from Tunisia. This data therefore indicates that only 0.28% of Algerians,
0.18% of Moroccans and 2.50% of Tunisians who were issued with an order
to leave the territory were actually returned. This does not appear to justify
the detention of a significant number of people who are subject to return
procedures, which, in practice, will not materialise.
The immediate release of detainees who lack a reasonable prospect of
removal was reiterated by the ECJ judgment Kadzoev in November 2009,
[186] which additionally specified that Member States cannot invoke
grounds of public order or safety for detaining persons under the RD.
Therefore, rejected asylum seekers can only be detained while their
removal process is being carried out for six months, with an extension of up
to 12 months “in cases where regardless of all their reasonable efforts the
removal operation is likely to last longer owing to: (a) a lack of cooperation
by the third-country national concerned, or (b) delays in obtaining the
necessary documentation from third countries.”[187] Considering the
systematically low number of returns from Greece, concerns are raised as
to the likelihood of obtaining necessary documentation within the 18
month time-frame, and thus the justification for detention.
They asked me a lot of
things except the reason
that I left my country
[Afghanistan]. So they just
asked all the things about
Türkiye or why I didn't
apply for asylum in
Türkiye, why I came here.
So, they tell me that I
should have stayed there.
Lots of questions and I
answered them all, all of
them. But after three
months they gave me a
rejection when I asked
them, “What is the reason
that I was rejected?” They
said we don't know.
Yes I appealed all the
decisions but I don't know
... I don't have any help, I
haven't heard any answer
about it. I also already
have the papers that show
that in 2019 I was
deported from Türkiye to
my country [Afghanistan].
I gave this paper to my
lawyer and it shows that
Türkiye
has
already
deported me in the past.
But I don't think it helps
my application.
Hussein, Corinth
46