Author
As mentioned above, L. 5226/2025, adopted by the Parliament in September 2025, increased the maximum detention time limits of those under removal procedure up to 24 months, contrary to the EU Return Directive and successively 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).
Delays in the asylum procedure resulting in prolonged detention
Due to the lack of interpretation and adequate capacity of the Asylum Service, the registration of the asylum cases or the conduct of the asylum interview may be delayed for significant periods resulting in prolonged detention.
The Asylum Code has laid down an initial 50-day duration for asylum detention, which can be further prolonged by 50-days, up to a maximum of 24 months. Any previous periods spent in pre-removal detention are not taken into account towards this time limit.[1]
In practice, the time limit of detention is considered to start running from the moment an asylum application is formally lodged with the competent Regional Asylum Office or Asylum Unit rather than the moment the person is detained. As delays are reported systematically in relation to the registration of asylum applications from detention, i.e., from the moment at which the detainee expresses the will to apply for asylum up to the registration of the application (see Registration), the period that asylum applicants spent in detention was de facto longer.
Beyond setting out maximum time limits, the law has provided further guarantees with regard to the detention period. Thus, detention ‘shall be imposed for the minimum necessary period of time’ and ‘delays in administrative procedures that cannot be attributed to the applicant shall not justify the prolongation of detention.’[2] Moreover, the law provides ‘the detention of an applicant constitutes a reason for the acceleration of the asylum procedure, taking into account possible shortages in adequate premises and the difficulties in ensuring decent living conditions for detainees’. However, GCR has documented cases where the procedure was not carried out with due diligence and detention was prolonged precisely because of the delays of the administration.
Following changes in legislation and practice, it is evident that detention lasts for prolonged periods, sometimes risking exceeding the maximum time limits. For instance, 21.5% of all third country nationals that were detained in PRDCs on 31 December 2025 had remained detained for more than 6 months, while out of the total applicants who were in administrative detention on the same day, 19.5% had been detained for more than 6 months.[3]
[1] Article 50(5) Asylum Code.
[2] Article 50(5) Asylum Code.
[3] Information provided by the Directorate of the Hellenic Police, 6 March 2026.