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Refusal of the entry in Greece

The lawyer Kasatkina-Kouskou Svetlana provides services on the annulment of the decision refusing the entry in Greece and the restoration of the residence permit through the court.

The entrance to Greece, of a person that his Greek citizenship or nationality of a Member State of the European Union is proved, cannot be denied even if that person does not have a passport or any other travel document.

The above regulation does not apply to third country nationals, who must have a passport or other travel document recognized by international conventions, with the prescribed visa, when it is required by the international conventions, Community law and national regulations.

Even in the case that the third country national has been issued a visa by the consular authorities, according to the law 4251/2014, Greek authorities have the right to prohibit the entry into Greece.
That can occur when:
•    The third country is registered in the list of undesirable aliens (there are two lists: one national: “EKANA” and a European one: Schengen Information System, SIS)
•    The entry of a foreigner can be a danger to public order and national security or to the public health of the citizens of the country
•    The passport or travel document of the alien does not guarantee the return to the country of origin or nationality
•    There is a mismatch between the purpose of the visa of the third country national and the purpose of the residence permit in the country, or there are not the necessary documents to substantiate the purpose of his trip and the financial resources for his living.

It should be noted that third country nationals residing legally in Greece, have removed from the Greek territory, they have the right to re-entry, provided that their residence permit is valid during the readmission, in accordance to law 4251/2014. But if during the reentry in Greece, the control authorities find grounds for revocation, they must immediately inform the competent immigration office to revoke the stay.

Unfortunately, in practice, these authorities in every relevant case, usually deny the entry into the territory – even on trivial pretexts- of the third country nationals, many of whom stay for years with their families in our country and then they inform the competent authorities for the revocation of the residence permit.

In every case of refusal of the entry in Greece, the relevant form for refusal of the entry, prescribed by International Conventions is served to the third country national. However the Minister of Public Order of Greece may decide to authorize the entry of a third country national despite the existence of prohibitive reasons, if this is necessary for important reasons of public interest or force majeure or in order to facilitate the movement of a Greek ship which cannot be done in another way. Moreover the Ministers of Interior Public Administration and Decentralization, Economy and Finance, Foreign Affairs, Defense, Justice, Transport and Communications, Public Order and Merchant Marine, with a decision of theirs, can define a simpler process of control of the persons that participate in a cruise or board a ship or craft, specially chartered aircraft, as well as the conditions and the process of the entry and exit of the marines of naval ships or dismissed marines.

It is important to remember that the third country national has the right to appeal the decision refusing the issue of a special visa to enter Greece or the renewal of his permit, or prohibiting his entry in Greece. The defendant, at first instance may apply for suspension and cancellation of this decision before the Board of the Administrative Court which has made the decision and then apply to the Council of State.

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