can be detained “to prevent his effecting an unauthorised entry into the country”. While the first limb is the standard constellation for asylum seekers, the ECtHR is not bound by EU law and does not follow EU law’s strict distinction between “asylum seekers” and “non-asylum seekers”. . It thus finds it – in exceptional cases – possible to detain asylum seekers under the second limb with a view to the deportation of persons, as long as the removal proceedings are in progress.85 For both the first and the second limb of Article 5 § 1 (f) ECHR detention must not be arbitrary and an individual assessment must take place, meaning that authorities must weigh and assess each person’s individual circumstances and that the automatic application of detention is contrary to Article 5 § 1 (f) ECHR.86 “Freedom from arbitrariness” means that detention must be carried out in good faith; it must be closely connected to the purpose of preventing the unauthorised entry of a person into the country; the place and conditions of detention should be appropriate, and the length of the detention should not exceed that reasonably required for the purpose pursued.87 Further, Article 5 § 1 (f) ECHR requires the detention to be “lawful”. To be considered lawful, the ECtHR assesses whether there is a basis in the respective domestic legal order and whether its preconditions are met. However, the Court restricts itself when reviewing national law as it considers review, interpretation, and application of national law to be within the primary domain of national Courts88. The Court thus limits its examination to whether the interpretation that national authorities make of national legislation when issuing or reviewing a detention order is “arbitrary or patently unreasonable”; and to whether the effects of that interpretation are in conformity with the ECHR.89 2. Detention of Rejected Asylum Seekers and People Subject to Return Orders Asylum seekers who receive a final rejection to their application are also subject to certain detention provisions under both EU and Greek law. However, whereas both EU and Greek law provide a somewhat extensive list of reasons for detaining asylum seekers, the authorities can only detain rejected asylum seekers in Greece for one reason: in order to prepare for our carry out the removal process. a. EU Law: Return Directive (RD) The Return Directive (RD) governs the standards and procedures for returning “illegally staying-third country nationals”90 Article 15 RD specifically governs detention for the purpose of removal and establishes that Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States may only keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process (...).91 Article 15 (1) goes on to provide a list of scenarios in which detention may be necessary, in particular when there is a risk of absconding or the person hampers the removal process. The RD only allows for detention for as long as a period as the conditions of Article 15 (1) are met and for no more than six months.92 Member 85 ECtHR, Judgement of 22/09/2015, No. 62116/12, Nabil and Others v. Hungary, para. 38. 86 ECtHR, Judgement of 04/04/2017, No. 39061/11, Thimothawes v. Belgium, para 73, ECtHR, Judgement of 26/11/2015, No. 10290/13, Mahamed Jama v. Malta, para 146, ECtHR, Judgement of 05/07/2011, No. 8687/08, Rahimi v. Greece, para 108. 87 ECtHR, Judgement of 29/01/2008, No. 13229/03, Saadi v. the United Kingdom, para 74. 88 Cf, ECHR, Judgement of 22/06/2017, No. 77450/12, S.M.M., para. 64. 89 Cf. ECHR, Judgement of 04/04/2017, No. 39061/11, Thimotawes, para. 71. 90 Directive 2008/115/EC. 91 Art. 15 (1) Directive 2008/115/EC. 92 Art. 15 (5) Directive 2008/115/EC. 11 DETENTION OF MIGRANTS ON THE ISLAND OF KOS