Hellenic Republic - Administrative Court of First Instance of Mytilene, 30 October 2017, AP219/2017

Country of Decision:
Country of Applicant:
Date of Decision:
31-10-2017
Court Name:
Administrative Court of First Instance of Mytilene
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Headnote: 

Detention of asylum seekers should only be permitted under the conditions prescribed by the law. The detention and deportation orders should always provide sufficient legal justification including the objective facts leading to the administrative authorities’ decision.

 

Facts: 

The Applicant is a Syrian national who entered Greece irregularly through Lesvos and was detained until the completion of admission and identification procedures. He subsequently applied for asylum but a deportation order was issued according to which the Applicant would remain in detention until readmission to Turkey due to risk of absconding. Following the recommendation of Lesvos’ Regional Asylum Office that the applicant’s detention should continue as he is presumed to be  submitting the application for international protection merely in order to delay or frustrate the enforcement of the return decision, a second decision was issued ordering the suspension of the deportation and the detention of the Applicant.

 

The Applicant challenged his decision claiming that both the recommendation and the subsequent decision lack proper justification, that the conditions of detention violate Article 3 ECHR, that he is facing health problems, that there is no risk of absconding and that his detention is not proportionate.

 

Decision & Reasoning: 

The Court held that the Applicant’s detention is unlawful and that he be released under the restrictive condition of not leaving Lesvos. The Court explained that the Authorities’ decision, under which the continuation of the Applicant’s detention was decided, did not meet the legal criteria for the detention of asylum seekers and had no sufficient legal reasoning due to the fact that neither document mentioned the objective criteria that led to the formation of the administrative authorities’ belief.

 

Outcome: 

Application successful, detainee released on the condition that he does not leave the island of Lesvos.

 

Subsequent Proceedings : 

This case was handed down alongside two other judgments (AP217/2017 and 218/2017) which reiterated the reasoning given in this judgment. 

Observations/Comments: 

This case summary was written by Odyssefs Platonas, LLM student at Queen Mary University. 

Other sources cited: 

28704/11.10.2017 First Reception Centre – Detention decision 

6634/1/71/5017-ρζ/13.10.2017Lesvos Police Directorate – Deportation order

28882/19.10.2017 Regional Asylum Office Lesvos – Recommendation for the continuance of detention

6634/1/71/5017- ρϟ ρζ/21.10.2017 Lesvos Police Directorate– Suspension of deportation order continuance of detention