instance, a Somali national was detained for a period of 9 months for reasons of public order despite the fact that there was no previous prosecution/conviction against him. He was released following a decision of the Administrative Court of Corinth.1215 In another decision, the Administrative Court of Kavala ruled that a Palestinian national did not represent a genuine, present and sufficiently serious threat since the competent Criminal Court suspended his penalty. 1216 In addition, detention on national security or public order grounds has also been ordered for reasons of irregular entry into a territory, contrary to Article 31 of the Refugee Convention and the prohibition on detaining asylum applicants on account of their irregular entry or presence. This is for example the case of an Afghan asylum applicant, supported by GCR, who immediately after his arrival was convicted of a two-year sentence due to his illegal entry, which has been suspended for 3 years. Subsequently, he been placed in immigration detention on public order grounds due to illegal entry and he remained in detention for a total period of eight months. Detention despite the lack of actual prospect of return Greek Police continue to impose prolonged detention against persons whose removal is not feasible due to the situations prevailing in their country of origin or the suspension of readmissions to Türkiye since March 2020. This practice is applied against both persons who have not applied for asylum and asylum applicants. For example, a total number of 6,788 detention orders have been issued against Afghan nationals during 2024.1217 A number of court decisions have acknowledged that in the absence of an actual prospect of removal, detention lacks a legal basis.1218 Following dozens of cases of successful litigation before domestic courts as well as repeated interventions of the Greek Ombudsperson during at least the last two years, this practice has been to a certain degree limited in certain parts of the country. However, the practice is still applicable in detention facilities, in particular against persons from Afghanistan, who remain in prolonged administrative detention despite the lack of any prospect of removal. Detention of applicants who have already asked for asylum though the online platform As mentioned above, persons willing to apply for asylum in the mainland have to present themselves in a mainland RIC (see Access to the procedure on the mainland). Yet before doing so, they need to first book an appointment thought an online platform established by the MoMA. However, during the period from accessing the platform to the day of their appointment, they remain in a legal limbo. Τhey are not protected from arrest, issuance of a removal decision and pre-removal detention and in practice they are arrested and placed in prolonged pre-removal detention. Thus, a number of applicants who have booked a registration appointment through the Ministry’s platform have been held in detention despite holding a document proving the existing appointment, in violation of national and European legislation. This pattern was widespread until the end of 2023 and, as a result, a growing number of asylum applicants have been detained in pre-removal detention under L 3386/2005 and L 3907/2011. In February 2023, the Administrative Court of Kavala ruled in a case of an Afghan national that he was unlawfully detained since he had already booked a registration appointment and thus, according to the law, he had to be considered as an asylum applicant.1219 Several similar decisions have since been issued by other Administrative Courts in line with CJEU case law.1220 The practice has been to a certain degree limited during 2024. Delays in the asylum procedure resulting in prolonged detention Due to the lack of interpretation and adequate capacity of the Asylum Service, the registration of the asylum cases or the conduct of the asylum interview may be delayed for significant periods resulting in prolonged detention. For example, in Korinthos PRDC the full registration of an asylum application may take place after 1 to 1 and ½ months after the expression of the will of the detained to apply for asylum. In Paranesti PRDC, the postponement and rescheduling of asylum interviews due to lack of interpretation 1215 1216 1217 1218 1219 1220 Administrative Court of Corinth, Decision Π45/2024. Administrative Court of Kavala, Decision 826/2024. Directorate of the Hellenic Police 18 January 2024. Administrative Court of Kavala Decision ΑΡ394/24-05-2024, Administrative Court of Corinth, Decision Π2087/25-4-2024, Administrative Court of Rhodes, Decisions ΑΡ15/08-03-2024, ΑΡ41/18-07-2024, ΑΡ48/0908-2024, ΑΡ71/20-11-2024. Administrative Court of Kavala, Decision 163/2023. See also GCR’s press release for two subsequent cases, 21 March 2023, available in Greek at: https://bit.ly/3IYJqNv. Administrative Court of Kavala Decision ΑΡ824/2024, Administrative Court of Piraeus ΑΡ376/2024 and ΑΡ488/2024, Administrative Court of Corinth Π3335/2024. 221