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17/03/2023
EL: The Athens Administrative Court of First Instance clarified in a second judgment that detaining a person who submitted a scheduling application for the registration of an asylum application on the online platform operated by the Ministry of Migration and Asylum, is illegal as the electronic submission establishes a person's status as an asylum applicant.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Greece, Administrative Court [Διοικητικό Πρωτοδικείο], Applicant (no 2) v Minister for Citizen Protection, ΑΡ 741/2023, 17 March 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3350
Case history
Other information

Greece, Administrative Court [Διοικητικό Πρωτοδικείο], Applicant v Minister for Citizen Protection, AP721/2023, 17 March 2023. Link redirects to the English summary in the EUAA Case Law Database.
Abstract

An Afghan national detained in Amygdaleza challenged the detention measure ordered by the Aliens Directorate of Attica after he was arrested in Taurus by police officers and his detention was renewed with the argument that there was a risk of absconding since he lacked a fixed address and means of subsistence in Greece, a travel document or a confirmation of his identity. He argued that his detention was contrary to Article 50 of Law 4939/2022 which provides for the detention of asylum applicants only in exceptional situations, after an individual assessment, and claimed that, before being arrested, he submitted an application for international protection to the online platform of the Ministry of Immigration and Asylum. The court allowed the request and ordered his release, provided that the applicant takes all necessary steps to fully record his application for international protection, that he will appear twice a week in a police station and at a day and time to be determined by the competent Aliens Directorate.
Country of Decision
Greece
Court Name
EL: Administrative Court [Διοικητικό Πρωτοδικείο]
Case Number
ΑΡ 741/2023
Date of Decision
17/03/2023
Country of Origin
Afghanistan
Keywords
Detention/ Alternatives to Detention