The lawyer Kasatkina-Kouskou Svetlana provides legal advice and services on the judicial annulment of the return decision and the restoring of the legal residence in Greece.
Decisions for the return of the third country nationals who illegally stay in Greece.
(Τhe provisions of articles 16 to 41 of Law 3907/2011)
We inform you that the Law 3907/2011 “Establish of Asylum Office and First Reception office, Adaptation of the provisions of Directive 2008/115/EK ‘ on common standards and procedures in Member States for the returning of the illegally staying third country nationals’ and other provisions” was published in «ΦΕΚ»/ «FEK»/7/A/26-01-2011 (Government Paper).
Matters on the returning of illegally staying third country nationals are regulated by the provisions of the articles 16 to 41. In particular chapter C is an adaptation of the provisions of that Directive.
That Directive establishes a harmonized, among the Member States of the European Union, procedure for the returning of the illegally staying third country nationals. By saying “illegal staying” we mean the presence in the Greek territory of any third country national that does not meet or no longer meets the conditions as set in Article 5 of the Schengen Borders Code or other conditions of entry or residence permit legislation.
The first principle of this process is that for every third country national that resides to the country illegally, a return decision should be adopted and priority should be given to voluntary return, especially when dealing with persons with prior lawful residence.
The “return decision” is the administrative act that declares as illegal the residence of the third country national and imposes the obligation to return,
• To the country of origin
• In a country of transit, in accordance with community or bilateral agreements or other settings
• In a third country that the person voluntarily decides and in which is well received
The return of the third country national residing illegally in the country, is completed in two steps:
1. either by voluntary compliance, where the third country national returns to his country within the time specified in the relevant return decision.
2. or, in case that the third country national does not comply within the period for voluntary departure, with the execution of the return decision, that concludes a forced removal. The removal involves the physical transfer of the third country national outside the Greek territory, in case he/she does not leave voluntarily.
Return Decision
The provisions of paragraph 1 of article 21 introduce the obligation for the relevant service of the Devolved Administrations and the Directorate of Migration Policy of the Ministry of Interior to issue a return decision for a third country national, in the following cases:
• denial of the appliance for an initial residence permit
• denial of the appliance for the renewal of a residence permit
• recall of the issue of a residence permit
• denial of the appliance because of failure of the third country national to submit on time, the request for the renewal of the residence permit.
We draw particularly your attention in the following cases:
In cases where the competent authorities of the Ministry of Citizens’ Protection recommend the revocation of the residence permit or the rejection of granting, or renewal of the residence permit, a return decision is issued for third country nationals because they are considered to be dangerous for the public order and security.
Cases of protection from the return:
(Article 41 of Law 3907/2011)
The return decision is prohibited for a third country national that belongs to one of the following categories:
a) the third country national is a minor and the parents or persons that have custody resident legally in Greece,
b) the third country national is parent or has the custody or support obligation of a national,
c) the third country national has over 80 years of age,
d) the third country national is a minor that has been imposed reformatory reasons with the decision of the Juvenile Court,
e) pregnant women during pregnancy and six months postpartum,
f) the third country national is a homogeneous.
Please note that in cases b, c and f, the return is not prohibited even if the third country national is dangerous to public order, national security or public health.
