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Greek Council for Refugees Visit Website

Law 4939/2022 (Asylum Code), in force since 10 June 2022, foresees extensive provisions on the detention of asylum applicants and significantly less guarantees during the imposition of detention measures against asylum applicants, following previous legislative amendments. In practice, the legal framework threatens to undermine the principle that detention of asylum applicants should only be applied exceptionally and as a measure of last resort.[1]

Moreover, significant amendments have been introduced by L. 5226/2025, adopted by the Parliament in September 2025 which also affected the detention of persons seeking asylum. L. 5226/2025 is the national legal framework transposing the Return Directive (replacing the previous L. 3907/2011).

Inter alia L. 5226/2025:

• Increased the maximum detention time limits of those under removal procedure up to 24 months, contrary to the EU Return Directive and successively to the maximum detention time limits of asylum seekers procedure up to 24 months. Thus following the amendment introduced by L. 5226/2025 the total detention period of a third country national within the migration context may reach 48 months (24 months while in the asylum procedure + 24 months in view of removal).
• Introduced the criminalisation of “irregular stay” and disproportionally increased penal sanction provided for irregular entry or exit. According to the new law the offences of irregular entry, exit and stay by a term of imprisonment of at least two years. The imprisonment sentence may only be suspended if the person declares their intention to immediately leave the territory. Even where the sentence is suspended, convicted persons continue to be detained in prisons or in pre-removal detention facilities of the Hellenic Police until they depart from Greece. As stated by UNHCR, “these measures risk penalizing persons in need of international protection or whose international protection needs have not yet been assessed”, contrary to Article 31 of the Geneva Convention.[2]

Statistics on detention^[3]

In 2025, a total number of 22,520 detention orders have been issued following a removal decision (return/deportation decision), marking a 17.6% increase compared to the previous year (total of 19,148 detention orders). In addition, a total number of 3,280 asylum seekers have been detained in pre-removal detention centers (PRDCs) during the year, a decrease of 36.5% compared to 2024 (5,167).[4]

During 2025, a total number of 15,183 third country nationals have been detained in PRDCs across the country.

By 31 December 2025, a total number of 1,824 third-country nationals remained in administrative detention in PRDCs,[5] while another 204 remained in administrative detention in police stations and other police buildings.[6] In addition, another 558 persons, all of whom had expressed their will to apply for asylum, were administratively detained in the Special Detention Facility of Sintiki (Serres),[7] which was established in part of the Controlled Temporary Reception Centre Sintiki and placed under the competence of the Hellenic Police for the purposes of implementing the Greek Government’s decision to suspend access to asylum for persons arriving by sea from North Africa, pursuant to Article 79 L. 5218/2025. Thus, on 31 December 2025 the total number of third country nationals in immigration detention was 2,586 persons.

Out of the total 1,824 persons detained in PRDCs at the end of 2025, 593 (32.5%) were asylum applicants. Moreover, on 31 December 2025, 21.5% of persons detained in PRDCs (393) had been in detention for a period exceeding six (6) months.[8]

Finally, a number of 431 unaccompanied children have been detained (‘hosted’ according to the information provided by the Police) in PRDCs during 2025, prior to their placement in a shelter for UAMs.[9] Following the abolition of ‘protective custody’ of unaccompanied children in 2020 (L. 4760/2020 entered into force on 11 December 2020) as a rule unaccompanied children are not detained for migration purposes. The number above refers to children who remained for short or very short periods in PRDCs prior their placement in shelters for UAMs.

Source: Directorate of the Hellenic Police, 8 February 2020, 11 February 2021, 8 March 2022, 2 February 2023, 18 January 2024, 16 January 2025, 6 March 2026.

The breakdown of detained asylum seekers and the total population of detainees per pre-removal centre was as follows during the year:

Source: Directorate of the Hellenic Police 6 March 2026.

Number of pre-removal detention centres (PRDCs): There were seven active pre-removal detention centres in Greece at the end of 2025. These included five centres on the mainland (Amygdaleza, Tavros, Corinth, Xanthi, Paranesti, Fylakio) and one on the islands (Kos). The total pre-removal detention capacity stood at 3,496 places.^[10] In addition to the above, since July 2025 a new detention facility has been established and started operated in Sidiki Serres (North Greece), Special Detention Facility of Sintiki (Serres), with a capacity of 751 persons as of December 2025.  It has been established in part of the Controlled Temporary Reception Centre Sintiki and placed under the competence of the Hellenic Police for the purposes of implementing the Greek Government’s decision to suspend access to asylum for persons arriving by sea from North Africa, pursuant to Article 79 L. 5218/2025.[11] Finally, police stations and other holding facilities were also used for migration detention, despite the fact that, as the ECtHR has found, these facilities are not in line with the guarantees required under Article 3 ECHR, notably given “the nature of police stations per se, which are places designed to accommodate people for a short time only”.^[12]

Number of forced returns: Although the number of persons detained during the past few years remains high, this has not been mirrored by a corresponding increase in the number of forced returns. With a total number of 22,520 detention orders following a removal decision issued in 2025, the total number of forced returns was 2,464 in 2025 (10.9%).^[13] The comparison between the total number of forced returns implemented and the total number of persons detained, corroborate that immigration detention is not only linked with human rights violations but also fails to effectively contribute to returns. This is further corroborated by the fact that the vast majority of forced returns concern only one nationality (citizens of Albania, 59.6%),^[14] and that voluntary departures, including through the Assisted Voluntary Return and Reintegration (AVRR) scheme run by IOM, constituted the majority (57%) of returns.

[1] See AIDA Report on Greece, 2024 for a more detailed presentation.

[2] UNHCR Comments on the Draft Law of the Ministry of Migration and Asylum, 29 August 2025, https://www.unhcr.org/gr/en/unhcr-comments-draft-law, see more on the new Legislation voted in September 2025, https://gcr.gr/en/news/item/nea-apo-to-pedio-8/.

[3] Information provided by the Directorate of the Hellenic Police, 16 January 2025.

[4] Information provided by the Directorate of the Hellenic Police, 6 March 2026

[5] Ibid.

[6] RSA, Deportation and immigration detention statistics in Greece in 2025, March 2026, available at: https://tinyurl.com/3meetrzh, p.1.

[7] Information provided by the Directorate of the Hellenic Police, 6 March 2026.

[8] Information provided by the Directorate of the Hellenic Police, 6 March 2026

[9] Ibid.

[10] Ibid.

[11] Ministry of Migration and Asylum, Reply in Parliamentary Question, Doc no 237928, 11 December 2025 and Ministry of Citizens Protection, Reply in Parliamentary Question, Doc no 7017/4/27937-γ’, 13 December 2025, see https://tinyurl.com/tf65bnhw.

[12] ECtHR, H.A. and Others v. Greece, application no. 19951/16, 28 February 2019, available in French at: https://bit.ly/3OI4fAf; S.Z. v. Greece, application no. 66702/13, 21 June 2018, available at: https://bit.ly/45tcBBL, para. 40.

[13] Information provided by the Directorate of the Hellenic Police, 6 March 2026.

[14] Ibid.