92  Eleni Koutsouraki j Indefinite Detention of Undesirable and Unreturnable TCNs in Greece Return Directive35 for undocumented TCNs detained in view of return, Presidential Decree 116/201236 also extended the length of detention for asylum-seekers up to 18 months. Most probably, this extension was considered necessary in order to discourage the submission of abusive asylum applications for the sole purpose of quicker release from detention. However, this provision fails to take into account the obstacles in accessing asylum procedures before arrest.37 Presidential Decree 114/201038 (the “old” procedure) provides that a TCN who lodges an application for international protection while in detention may be required to remain in detention, if alternatives to detention cannot be applied,39 under the following three grounds: 1. to enable determination of the identity or origin and the circumstances of his/her entry to Greek territory, in particular in the case of mass illegal entries of applicants; 2. if he/she constitutes a danger to national security or public order;40 or 3. if detention is deemed necessary for the prompt and effective completion of the examination of his/her application. Similar grounds, as well as others provided by Article 8 of the recast Reception Conditions Directive, figure among the provisions of Law 4375/2016 (the “new” procedure).41 According to the above-mentioned provisions, administrative detention should be imposed on asylum-seekers as an exceptional measure and solely be applied to those submitting asylum applications while already in detention. Additionally, the detention provisions of Presidential Decree 114/2010 (the “old” procedure) do not apply 35 Art. 30 of Law 3907/2011. 36 Presidential Decree 116/2012 amending Presidential Decree 114/2010 on the establishment of a single procedure for granting the status of refugee or of beneficiary of subsidiary protection to aliens or to stateless persons in conformity with Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status. 37 Asylum Information Database, National Country Report Greece, 25; Campaign for the access to asylum, Joint Press Release – First Findings from the Operation of the New Asylum Service, 19 Dec. 2013, available at in Greek: http://asylum-campaign.blogspot.gr/search/label/Dksia T tpot?updated-max¼2014-0122T00:17:00þ02:00&max-results¼20&start¼6&by-date¼false (last visited 3 Dec. 2016). 38 Art. 13(2). 39 See Section 2.1 regarding the non-implementation of alternative to detention measures in practice. 40 Regulations on the basis of which a TCN applying for asylum in detention should be considered a danger to national security or public order do not exist. 41 According to Art. 46(2) of Law 4375/2016 TCNs who lodge an application for international protection while in detention may be required to remain in detention: (1) to determine or verify their identity or nationality; (2) to determine those elements on which the application is based which could not be obtained in the absence of detention, in particular when there is a risk of absconding; (3) when on the basis of objective criteria, including that they already had the opportunity to access the asylum procedure, there are reasonable grounds to believe that they are making the application for international protection merely in order to delay or frustrate the enforcement of the return decision; (4) if they constitute a danger to national security or public order; (5) to ensure transfers in accordance with Dublin Regulation (No 604/ 2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person [2013] OJ L 180/31), if there is a serious risk of absconding. Downloaded from https://academic.oup.com/rsq/article-abstract/36/1/85/2888417 by Lancaster University user on 19 December 2017