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Registration in the National List of Unwanted aliens

The lawyer Kasatkina-Kouskou Svetlana provides legal assistance and support to third country nationals, concerning the removal of their name and personal data from the national list of undesirable aliens (EKANA) and the Schengen Information System (SIS).

According to the Common Minister Decision: 4000/4/32-λα/2012: “Foreigners registered in the National List are registered in the list of Schengen Information System at the same time”

In the National List of Undesirable aliens (E.K.A.N.A.) can be registered:
•    Foreigners against whom a judicial or administrative order to leave the country has been issued, in the case that they do not comply with the obligation to return.
•    Foreigners whose presence in the Greek territory is a threat to national security, public safety or public order. There is such a threat when there is evidence against the foreigner that he committed a crime or evidence that he made preparatory acts to commit a crime.
•    Foreigners that can be dangerous for public health.

The duration of the registration in E.K.A.N.A. (National List of Undesirable Foreigners) is determined by the authority competent for the registration in relation to the reasons that provoke it and it should not exceed 5 years. The recording in E.K.A.N.A. may exceed 5 years if the alien is a serious threat in national security, public safety or public order. In the case of deportation and entry ban imposed by a criminal court decision, the registration lasts for as long it is specified in the decision above. Each case of entry in E.K.A.N.A. is automatically reviewed every three years.

The recording stops automatically in the following cases:
•    By the end of the period of validity of the registration decision
•    With the revocation or cancellation of the administrative  expulsion
•    With the issue of an order of the competent magistrate Council, which authorizes the return of a foreigner in the Country for the time period specified in the Ordinance.
•    When removing the judgment with which the expulsion was imposed
•    With the suspension of the expulsion by the competent court and for as long as the suspension lasts

Deletion from E.K.A.N.A. is allowed before the completion of the time indicated by the recording decision, for reasons of public interest or international obligations, or upon request of the foreigner for humanitarian and only reasons, in the following ways:
•    By decision of the Head of the Security Headquarters of the Greek Police
•    By decision of the General Police Managers of each region.

The content of the registration in E.K.A.N.A.
Under the aforementioned Ministerial Decision the elements registered in the National List of Undesirable foreigners are:
•    The surname and the first name (the nick name- in certain cases)
•    The particular physical characteristics
•    The first letter of the second name
•    The date and place of birth
•    The sex
•    Citizenship
•    The indication that the persons concerned are armed
•    The indication that these persons have used illegal violence
•    The reason of the alert
•    The measures that should be taken

Other components should not be registered, especially personal information revealing racial origin, political opinions, religion or other beliefs, as well as personal information associated with health or sex life.

In the case of termination of registration or deletion from the National List of Undesirable aliens there is automatically   a termination or cancelation of the registration in the list of undesirable foreigners of the Schengen Information System.

 


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