STEP STEP STEP 01 02 03 MANDATORY QUARANTINE IDENTIFICATION PRISON-LIKE STRUCTURE STEP 04 STEP 05 AFTER A NEGATIVE DECISION PRE-REMOVAL DETENTION People in the process of filing an appeal or subsequent application Those with a negative asylum decision and have not yet filed an appeal or received an admissibility decision on the subsequent application, are at risk of being de facto detained. Greek Law 4939/2022 provides the legal basis for the withdrawal and return of an asylum seekers' red card after a negative decision. While legislation does not provide for people’s detention until they are reissued with an asylum seekers card, due to the RIS’ statements that the red card is a requirement for entry and exit of the structure, there is a risk that this group of people may be detained. In practice I Have Rights has monitored that this group faces limited issues with entering and exiting the structure, as they can use their Police Note to do so. Despite this, and due to the inconsistent approach in both the policy of the authorities, which has changed three times in the last year alone for newly arrived asylum seekers’ exit of the structure, and inconsistent day-to-day practice of the G4S private security guards, I Have Rights is concerned that this group’s ability to leave the structure could at any point be curtailed. Conclusion In conclusion, over the last year the RIS has de facto detained every newly arrived asylum seeker in the main sections of the CCAC. As is the practice at the time of writing, the RIS’ detention of asylum seekers until completion of their full registration interview is likely arbitrary as people are issued with an identification document on the first day that they enter the main sections of the CCAC, and as such the effect of the detention is not proportionate to either stated aims or purposes, thus making the current practice unlawful. Finally, the routine de facto detention of every newly arrived asylum seeker is in contravention with Greece’s international obligations, including Article 5 ECHR and Articles 8 and 9 of the EU Directive 2011/95/EU, and is the basis of current EU infringement proceedings against Greece. Page 46