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Appropriate Measures to Be Applied in Case of Revocation or Refusal to Issue or Extend a Residence Permit

It is a quite common situation when a third-country national encounters a problem of a negative decision on their application for a residence permit in Greece or for its extension. It can happen if the submitted package of required documents is incomplete or the immigration service officers show their insufficient attention to the case. However, in such circumstances foreign nationals are actually not completely insecure as it may seem, because there are certain efficient mechanisms of legal regulations allowing them to take necessary actions and to eventually retrieve a legal status. In this event the most essential is to contact a lawyer who is experienced in solving such matters and who is capable of taking appropriate measures. It is very important not to miss the fact that from the moment of the negative decision receipt the period of 30 days is given to leave the country and 60 days to appeal.

So, there are the following methods and measures to be applied:

1. APPLICATION FOR REVISION

The application for revision of a negative decision may be submitted to the issuing authority in the event that the refusal to issue or extend a residence permit or the revocation of an existing residence document is produced as a result of a mistake made by the immigration service itself. Here all the legal and reasonable grounds shall be specified according to which the aforementioned authority should not have refused to issue a residence permit.

If a negative decision is accompanied by a return decision, then along with an application for revision an application for suspension of the above measure and extension of stay in the country should be submitted.

After the aforementioned applications are submitted, the relevant authority should reply during the 30-day period whether by issuance of a residence permit if the application is accepted or by refusal if it is rejected. The above submitting procedure is considered accelerated but not simple, as here all the objective reasons and mistakes of the State Authority should be listed. And the Authority, in its turn, should admit that it was wrong when taking a negative decision on issuance of a residence permit.

2. APPLICATION FOR CANCELLATION OF NEGATIVE DECISION, STAY OF EXECUTION APPLICATION AND REQUEST FOR TEMPORARY REGULATION OF THE SITUATION SUBMITTED TO COURT

In the event of the more complicated issue, namely in the matter of the refusal of the application for revision (see paragraph 1) or if there are legal errors made by the same relevant issuing authority or any shortcomings in the third-country national’s file, as well as in the event of revocation of the already issued residence permit, then an authorised lawyer pursues the matter through the courts.

In particular, there is a possibility to submit the application for cancellation, the stay of execution application and the application for interim order to the court.

In more detail:

A. APPLICATION FOR CANCELLATION

The submission of the application for cancellation of negative decision is the beginning of the judicial settlement of the situation. The court authorised for consideration of such an application is the Three-Member Administrative Court of the region where the issuing authority is based.

By means of the cancellation application the legitimate and reasonable grounds for cancellation of the refusal to issue/extend an alien’s residence permit are indicated, as well as measures of their voluntary departure from the country if any shall be imposed. These grounds may refer to legal errors of the negative decision, such as misinterpretation and misapplication of the relevant legislation, substantial procedural violation during the decision taking, or other reasons which essentially are legal shortcomings.

The application must be submitted within 60 days after the negative decision is received. The state fee should be additionally paid. The consideration of the application in court will take place only three to four years after, but even during this period an applicant is protected in a legal way.

B. STAY OF EXECUTION APPLICATION

It is true that between the date of submission of the cancellation application to the court and the date of its consideration there is quite a long period of time. Thereby, a foreign national has an opportunity to apply to the same court authority in order to temporarily suspend the execution of the decision on refusal to issue or extend a residence permit or on its revocation, and also of the return decision which is usually issued along with the refusal.

This application is to be submitted before the essential part of the contested decision is executed. The stay of execution order is applied when the expulsion of a foreign national may cause them an irreparable harm which should be proven by a foreigner themselves or by the materials contained in their case. A stay of execution, namely the cancellation of expulsion of a foreigner, is valid until the final court decision on the application for cancellation is made.

When applying for a stay of execution, the state fee is also to be paid. The consideration of this application shall take place in about two years after its submission. But during this period the third-country national is likewise protected.

C. APPLICATION FOR INTERIM COURT ORDER

In the situation where there is a direct imminent danger and an irreparable harm that is possible to happen in the event of the execution of the contested negative decision, a foreign national may also resort to submission of the application for temporary injunction.

The temporary injunction against the foreigner’s expulsion is issued by the President of the Administrative court within few days after the relevant application is submitted. During the discussion of the temporary injunction all the legally sound facts are taken into account, especially those according to which an applicant may be affected in the event of taking measures in obedience to the contested negative decision, as well as reasons that make the expulsion of the foreign national impossible.

If the temporary injunction is issued by the court, then it is valid until the decision on the applied stay of execution is made (see paragraph B). This will result in the immediate suspension of the execution of the return decision. In addition, the legally protected applicant is granted a special certificate of legal residence (ειδική βεβαίωση νόμιμης διαμονής). Thus, the lawyer will do everything possible for a third-country national to receive a reprieve from expulsion in the form of the temporary injunction valid until their application is considered, and also will make sure during this period their client has a legal residence document in Greece. With this special certificate of legal residence a foreign national can freely move within the country without threat of deportation, has the right to work, and the main important is that they are allowed to travel from Greece to their country. But travelling with this document to other countries of the European Union is not allowed.

The International Law Office of Mrs Svetlana Kasatkina-Kouskou performs services for the resolution of legal issues regarding the revocation and refusal to issue or to extend a residence permit for the third-country nationals residing in Greece, by means of appealing a negative decision at the relevant immigration service or in the court aiming to regain their residence permit.


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