DETENTION OF NON-ASYLUM-SEEKING
MIGRANTS
Greek law dictates that people who enter Greece irregularly, without the proper
documentation, can be detained in certain cases. Often, the Greek authorities
issue a deportation decision and, pending deportation, a high percentage of
irregular migrants are detained. 24 People living in the country without proper
residence permits can also receive an order of detention and return. 25
In May 2020, the Greek legislature amended the law, which stated that
detention for the purpose of return should be applied as a last resort. The
amendment changed the wording to give the authorities the power to impose
detention without the obligation to examine alternative measures.
This change means that detention is now the rule rather than the exception.
This legal amendment is also in violation of the EU law on returns, which only
permits detention when there is no option for ‘less coercive measures’. 26
APPEALS AND JUDICIAL REVIEW OFFER
INSUFFICIENT PROTECTION
Detention seems to be the rule rather than the exception where the decision is
for return or deportation. As of July 2021, of the 1,990 deportation decisions,
almost all (1,980, or 99.4%) imposed detention. This percentage in detention
drops to 64% for those issued return decisions. 27 Judicial reviews rarely
overturn these decisions; with less than the 1% of detention decisions being
overturned, while only about one in eight detention decisions have been
contested by the detainees before the administrative courts. 28
‘Third-country nationals
subject to return
procedures … are placed in
detention in order to
prepare the return and
carry out the removal
process. In case that the
competent officer
considers that
a) there is no risk of
absconding,
b) the third country national
concerned is cooperative
and does not hamper the
preparation of return of the
removal process or
c) there are no national
security reason.
Other less coercive
measures are applied as ιs
provided in para.3 of Art.22
if considered effective.’
As in accordance with the
new wording of L3907/2011
as amended by
L.4686/2020
9