Greece - Administrative Court of Trikala, 17/2016

Country of Decision:
Country of Applicant:
Date of Decision:
01-09-2016
Citation:
Administrative Court of Trikala, 17/2016
Court Name:
Administrative Court of Trikala
Keywords:
National / Other Legislative Provisions:
Greece - Article 30 L 3907/2011
Greece - L 4375/2016 Article 34
Greece - L 4375/2016 Article 36
Greece - L 4375/2016 Article 37
Greece - L 4375/2016 Article 46
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Headnote: 

Following the making of an application for international protection, detention for the purpose of removal must be terminated in the absence of a new detention order, based on an individualised assessment of the grounds for detention of asylum seekers. The applicant must be released upon condition of appearing in person before the responsible authority for the full registration of his or her application, failing which return proceedings may be executed.

Facts: 

The applicant was arrested for illegal entry and placed in detention in the police station of Karditsa. A decision of the Director of Police Directorate of Karditsa dated 28 July 2016 ordered return and the prolongation of detention with a view to his removal. During his detention, the applicant informed the competent detention authorities of his intention to apply for international protection and his request was registered. He submitted objections against the continuation of his detention, on the basis that his status as an asylum seeker precluded detention for the purpose of removal.

Decision & Reasoning: 

The Court reiterated the procedure for registering asylum applications in detention and the permissible grounds for detention of asylum seekers under Articles 34, 36 and 46 L 4375/2016, which preclude detention of asylum seekers for the purpose of removal. Detention would only be permissible on the basis of a new decision following an individualised assessment. For these reasons, the applicant must be released on condition that he will appear before the responsible authority within 10 days for the full registration of his application, in accordance with Article 36(3) L 4375/2016. Failure to comply with this obligation may lead to the execution of return proceedings for the applicant’s removal from the territory, in which case the Court’s judgment does not preclude the competent police authority from issuing a new detention order in accordance with Article 46 L 4375/2016.

Outcome: 

Objections partially accepted. Termination of detention ordered.