Figure 7. Distribution of Allocated Funds under European Return Fund, 2008-2013 Third, Greece designed its policy under the assumption that detainees would agree to return within a relatively short period of time.97 In practice, however, its expectations were not always met. In the course of 2013, the majority of irregular migrants refused to return; out of those, 300 migrants had been detained for more than 18 months.98 An unknown number was subsequently released by the police, because they simply refused to return even after 24 months of detention and another 150 detainees were released after the Greek courts ruled that detaining them beyond 18 months was unlawful.99, However, because detention is costly, even a minimal loss may translate into millions of euros. In the case of the 150 detainees for instance, the loss in resources was EUR 1,3 million within 1,5 year; in the case of the 300 migrants, the loss was almost EUR 2,6 million in 1.5 year. If we take now the hypothetical scenario that all detention centres are operational at full capacity, should a 30% of all detainees refuse to return per year, this would translate into an annual loss of EUR 12,960,000 invested in their detention, i.e. almost 1/3 of Greece's 2013 grant under the European Return Fund. Greece's plan was further based on the assumption that asylum claims would be processed within 2 months; in case of a negative decision, the migrants would be promptly returned. In the course of 2013-2014, the average time needed to examine an asylum claim submitted by a 97 National Action on Asylum and Migration Management, 2013, p. 53, “ all immigrants who do no fall under the status of international protection … will be arrested, detained and returned to their countries of origin. In the case of an application for international protection, this … will be examined in a maximum period of 2 months, and if rejected, the illegal immigrant will be returned” 98 See Greek Legal Council, Advisory Opinion 44/2014, available at http://www.nsk.gov.gr/webnsk/gnwmodothsh.jsp?gnid=1868995 99 See D. Aggelidis, “Ελεύθερος ο ένας από τους τρεις εξεγερμένους κρατούμενους του ΕΛληνικού”, Efimerida ton Syntakton Newspaper, 3 October 2014, available at http://www.efsyn.gr/?p=240391 Page 47

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