FORGOTTEN Administratively detained irregular migrants and asylum seekers e. Re-arrest for the purpose of return despite previous prolonged and ineffective detention i. Legal Framework According to art. 30 par. 4 of Law 3907/2011:31 “When it becomes manifest that there no longer exists a reasonable prospect of removal for legal or other considerations, or that the conditions laid down in paragraph 1 no longer exist, detention ceases and the third-country national shall be released immediately” while in accordance with paragraph 5 of the same article “detention shall be maintained for as long as the conditions of paragraph 1 are fulfilled and is necessary to ensure successful removal. The maximum period of detention may not exceed six months”. Paragraph 6 provides that “the timeline of paragraph 5 may be extended for a limited period not exceeding twelve months in cases where, despite of all reasonable efforts by the competent authorities, the removal operation is likely to last longer owing: (a) a lack of cooperation by the third-country national concerned, or (b) delays in obtaining the necessary documentation from the third countries”. According to the Return Handbook of the EU Council: “Re-detention of the same person at a later stage may only be legitimate if an important change of relevant circumstances has taken place (for instance, the issuing of necessary papers by a third country or an improvement of the situation in the country of origin allowing for safe return), if this change gives rise to a “reasonable prospect of removal” in accordance with Article 15(4) and if all other conditions for imposing detention under Article 15 are fulfilled”32. According to the Greek Ombudsman’s Report33 on Successive Return Orders: “The second return decision prolongs the detention of the thirdcountry national who remains in the country not because of some fault on his part but because the first return decision cannot be enforced. This practice circumvents the provisions for the maximum detention 31 Greece: Law No. 3907 of 2011…, op.cit. 32 Return Hanbook of the EU Council, page 88, available in English at: http://ec.europa.eu/dgs/ home-affairs/what-we-do/policies/european-agenda-migration/proposal-implementation-package/ docs/return_handbook_en.pdf 33 Ombudsman’s report on Successive Return Orders, pages 4-5, available at, http://www. synigoros.gr/resources/_porisma_apelasi_21_01.pdf, (5 September 2016) 55