An Afghan national was arrested on 2 March 2024 in Patras for irregular entry and stay in Greece. He was suspected of absconding and his provisional detention was decided by the Director of the Police Directorate of Achaia. This decision was followed by another decision by the same body to return him to his country of origin and by a decision to extend his detention for a period that initially could not exceed six months, but could, under certain conditions, be extended for twelve months. Detention continued for 3 months to complete the return procedure. While in detention, the applicant lodged his application for international protection on 10 June 2024. Following this, the director of the Corinth Police Directorate decided to detain the applicant for a period of fifty days from 10th June since the elements of his asylum applications were to be determined.
The applicant sought the lifting of his detention and his release. He claimed, in essence, that the judicial detention had no legal basis because he cannot be returned to his country of origin and that it is impossible to enforce a decision to readmit him to Türkiye, since the readmission of third-country nationals to that country has been suspended for an indefinite period since March 2020.
The court stated that as per Article 30(4) of Law 3907/2011 (transposing Article 15(4) of the Returns Directive 2008/115/EC), when it becomes apparent that there is no longer a reasonable prospect of removal for legal or other reasons, the detention must be lifted and the third-country national immediately released. It noted that as per CJEU judgment C-357/09, Kadzoev, Article 15(4) of the Returns Directive 2008/115 must be interpreted as meaning that there is not a real prospect of removal where it does not appear likely that the person concerned will be admitted to a third country within the limits set out in paras. 5 and 6 of the same Article.
The court noted that according to the documents submitted by the Director and the Deputy Director of the Migration Management Directorate of the Hellenic Police Headquarters the procedures for return to Afghanistan and readmission of third-country nationals to Türkiye have been suspended since 8 July 2021 and 16 March 2020, respectively. It stated that there is no evidence to suggest that this suspension will be lifted immediately, or at a time which will not be exceeding the time limits contained in Article 30(5) and (6) of Law 3907/2011.
Since the police had not taken any action leading to the readmission of the applicant to Türkiye or the return to his country of origin, the court considered that the legal basis to retain the applicant in detention was not satisfied as there was no reasonable prospect of his removal.
The court annulled the detention measure and ordered the release of the applicant. However, the court imposed on the applicant the obligation to appear once a week before the police authority of his place of residence, on a day and at a time to be determined by the police authority. The court also imposed the applicant to declare to the Corinthian Police Directorate and the competent police authority of his place of residence, his address of residence and his contact details, as well as to declare any possible changes to them in the future, so that it would be possible for the police officers to find him.