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Thodoris Chondrogiannos 28 • 12 • 2021

Ban placed on Afghan asylum seeker from leaving Reception Centre ruled unlawful

Thodoris Chondrogiannos
Ban placed on Afghan asylum seeker from leaving Reception Centre ruled unlawful
28 • 12 • 2021

In December 2021, a Court ruled that the ban on leaving the closed reception centre in Samos imposed on an Afghan asylum seeker, was made in violation of national and EU rules on international protection.

On December 17, 2021, the Administrative Court of First Instance of Syros ruled that the ban placed on an Afghan asylum seeker from leaving the closed reception centre of Zervos in Samos was unlawful, on the basis that the ban was a de facto detention measure imposed in violation of the law. As the Greek Council for Refugees (GCR), which represented the Afghan applicant in court, points out, this is the first court decision that defines the prohibition from leaving a reception centre as illegal.

The exit ban resulted in the applicant’s confinement within the closed structure. He was never served with a written decision, nor informed of the reasons leading to the measure in question.

The Administrative Court of First Instance of Syros ruled that the detention of asylum seekers is “permissible by decision of the relevant director, exceptionally and only for one of the permitted reasons,” which are listed in Article 46 of law 4636/2019 (which incorporates provisions of Directive 2013/33/EU), a condition which was not met in the present case. Therefore, the court ruled that the exit ban was unlawful.

Shortly after the structure was opened (and without any prior information and/or written information) a significant number of residents were prohibited from leaving the centre, which according to international standards is a de facto detention measure.

The GCR further claim that, “since November 17, as a rule, those who do not have an asylum seeker card have been barred from leaving the structure. The category of persons who do not have a card includes: a) new arrivals after the registration of the asylum application and pending the issuance of a card, b) those rejected in the second instance who have not filed or are unable to file a subsequent asylum application, c) those who have filed a subsequent application waiting for a decision on admissibility, d) those who were rejected in the first instance and have yet to file an appeal.”

The recent decision of the Administrative Court of First Instance of Syros confirms the arbitrary nature of this administrative practice.

With thanks to the Greek Council for Refugees (GCR) for contributing to this report.

Where is the problem with the rule of law?

 A state that adheres to the rule of law must provide effective international protection to asylum seekers in accordance with the rules of international law, and Greece as an EU Member State is also obliged to adhere to EU rules. 

However, in this case, the Administrative Court of First Instance of Syros ruled that measures prohibiting the movement of asylum seekers had been imposed in violation of domestic and international law.

Thodoris Chondrogiannos
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