Refugee Survey Quarterly  91 2. have infringed the provisions of Law 3386/2005 on the entry, residence, and social integration of third-country nationals on Greek territory; 3. their presence in the Hellenic territory is deemed to be dangerous for the country’s public order or security;29 or 4. their presence on Greek territory is considered a danger to public health and they refuse to comply with measures determined by medical authorities. Following the analysis of the grounds for detention for undocumented TCNs in view of return and administrative expulsion, focusing on “undesirable and unreturnable”, we are going to examine the domestic legislation regarding the extension of their detention in case they apply for asylum. 2.2. Legal framework regarding the detention of asylum-seekers According to Greek legislation, the Hellenic Police may decide that undocumented TCNs who apply for international protection while in administrative detention shall remain in detention if certain conditions are fulfilled. This provision is now applicable to the “old” as well as to the “new” procedure (as set out below) and excludes detention of those who submitted asylum applications before arrest. The Greek asylum procedure is governed by a twofold legal framework under Presidential Decree 114/201030 for asylum applications lodged before 7 June 2013 (old procedure), and Law 4375/201631 for asylum applications filed after that date (new procedure). Presidential Decree 114/2010 transposed the EU Asylum Procedures Directive 2005/8532 into national law. More recently, Law 4375/2016 replaced Presidential Decree 113/201333 – which governed the “new procedure” until 2 June 2016 in conformity with Directive 2005/85 – and transposed the provisions of the recast Asylum Procedures Directive and those of the recast Reception Conditions Directive regarding detention (Articles 8–11 of the Directive).34 Following the adoption of the maximum length of detention permitted by the 29 According to Art. 76(1) of the Law 3386/2005, TCNs are considered a danger to public order or security especially if they have been prosecuted for a crime punished by a minimum imprisonment of 3 months. 30 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. 31 Law 4375/2016 on the organisation and functioning of the Asylum Service, the Appeals Authority, the Reception and Identification Service and other provisions. 32 Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status [2005] OJ L 326/13. 33 Presidential Decree 113/2013 on the establishment of a single procedure for granting the status of refugee or of subsidiary protection beneficiary to aliens or to stateless individuals in conformity with Council Directive 2005/85/EC “on minimum standards on procedures in Member States for granting and withdrawing refugee status” (L 326/13.12.2005) and other provisions. 34 Directives 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) [2013] OJ L 180/60; and Directive 2013/33/EU of the European Parliament and Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) [2013] OJ L 180/96. Downloaded from https://academic.oup.com/rsq/article-abstract/36/1/85/2888417 by Lancaster University user on 19 December 2017