HDPA (Greece) - 14/2014

HDPA - 14/2014
Authority:	HDPA (Greece)
Jurisdiction:	Greece
Relevant Law:	ΚΥΑ 4000/4/32-λα/2012 KYA 4000/4/32-ν/2017
Type:	Complaint
Outcome:	Upheld
Started:	25.03.2022
Decided:	07.02.2024
Published:	08.04.2024
Fine:	n/a
Parties:	n/a
National Case Number/Name:	14/2014
European Case Law Identifier:	n/a
Appeal:	n/a
Original Language(s):	Greek
Original Source:	Hellenic DPA (in EL)
Initial Contributor:	Nikolaos. Konstantis

The Hellenic DPA decided the deletion of the data subject from the List of Inadmissible Third Country Nationals based on a special provision of the immigration legislation.

English Summary

Facts

The data subject, citizen from a third country filed a complaint to the Hellenic DPA requesting his deletion from the List of Inadmissible Third Country Nationals. The data subject was sentenced to a prison sentence, a fine of ten thousand euros and the lifelong expulsion from the country for the acts of importation, transportation and possession of narcotic substances into Greek territory. Another Court decision accepted objections of the data subject regarding his judicial deportation and annulled this part of decision.

Holding

The Hellenic DPA, took into account that the registration of the data subject in the List of Inadmissible Third Country Nationals happened because of the judicial expulsion. Also the DPA considered the fact that the judgment imposing the deportation has been annulled. Thus, the DPA decided that the registration needs to be automatically ceased according to the provisions of the immigration legislation.

Comment

Share your comments here!

Further Resources

Share blogs or news articles here!

English Machine Translation of the Decision

The decision below is a machine translation of the Greek original. Please refer to the Greek original for more details.

DECISION 14/2024
(Department)
The Personal Data Protection Authority met, after
invitation of its President, to a regular meeting in the composition of the Department at
headquarters on 07.02.2024, in order to examine the case referred to
history of the present. The meeting was attended by teleconference
Deputy President of the Authority, George Batzalexis, who is in his way
of the President of the Authority, Constantinos Menoudakou, who was also a rapporteur in
case, as well as the alternate members of the Demosthenes Vougioukas Authority
and Maria Psalla to replace the regular members of Konstantinos
Lambrinoudakis and Grigorio Tsolias, who did not attend due to disability,
although they were legally summoned in writing. At the meeting, without the right to vote,
attended, by order of the President, Kalliopi Karveli, specialist scientist
lawyer, as assistant rapporteur, and Irini Papageorgopoulou, his employee
Department of Administrative Affairs, as secretary.
The Authority took into account the following:
A, citizen X (born ...), with the no. of protocol A/EIS/5217/25-03-2022
his appeal to the Authority requested his deletion from the National List
of Undesirable Foreigners (hereafter E.K.A.N.A.).
In response to no. prot. C/EXE/2331/21.09.2022 of the Authority's document for
providing clarifications regarding the existence of an entry in the above list,
the Directorate of Aliens/Department of Administrative Measures of the Ministry of Protection
2
Citizen with no. prot. C/EIS/4375/12.06.23 her document to the Authority stated
The following:
1) With the no. ... decision of the Three-member Court of Appeal F the appellant
was sentenced to a prison sentence of ... years and a fine of ten thousand euros,
for the acts of importation into Greek territory, transportation and possession
of narcotic substances together, and in parallel with the same decision the
banishment from the country for life. The ... was deported by boat through the Office
Passport Control Port Y. With the no. ... decision of the Director of the Directorate
Y Police, the applicant was registered with E.K.ANA. from ... to ...
due to his judicial expulsion, while with the no. ... and ... related decisions
of the Director of the Y Police Directorate, his registration with E.K.ANA.A. was renewed. and
it was decided to maintain the registration until ..., on the grounds that
the reasons for its registration still apply.
2) With the no. ... decision of the Three-member Misdemeanor Court F were made
accepted by ... the objections of the applicant regarding the execution of the no. …
decision of the Three-Member Court of Appeal F, which he accepted according to its part
judicial deportation. Following this, due to the lifting of the judicial expulsion, the
... a new request for deletion of the applicant was submitted to the Y Police Directorate
of by E.K.A.N.A. With its relevant document, the Directorate of Aliens/A.E.A
addressed to the Prosecutor's Office of Appeals ... and asked for opinions on the matter.
In the no. ... from ... in its response, the Appellate Prosecutor's Office F stated that it did not
there is now the jurisdiction of the competent board of misdemeanors
examine the request of a deportee who wishes to be allowed h
return to the country.
3) On ... the appellant submitted a treatment request to the Y Police Directorate, n
which in its response from ... indicated that the treatment request cannot
examined because according to article 1 par. 2 of no. 4000/4/32-n from
31.03.17 KYA "The competent body cannot decide to delete it
registration before the expiry of the re-entry ban period,
which has been imposed by court order".
3
The Authority, after examining the aforementioned data, heard him
rapporteur and the clarifications from the assistant rapporteur, who then
left, and after a thorough discussion
CONSIDERED ACCORDING TO THE LAW
1. According to article 1 of KYA 4000/4/32-la/2012, as amended
valid with the no. 4000/4/32-n/2017 similar, "in the National Catalog
of Undesirable Aliens (E.K.A.N.A.) are registered:
a. Foreigners against whom a judicial or administrative decision has been issued
expulsion from the country or decision to return if they have not complied with
the obligation to return..."
Also in accordance with article 3 par. 1 and 2 of the same above-mentioned General Terms and Conditions: "1. The duration
validity of the registration in E.K.ANA.A., is determined by the one deciding the registration
instrument, with criteria for the reasons why it is imposed and does not exceed the
five (5) years. The above registration period in E.K.ANA.A. is it possible to
exceeds five years in case the foreigner poses a serious threat
for national security, public safety or public order as well as to
case imposed by a decision of a criminal court deportation and
prohibition of the foreigner's re-entry to the Country, for as long as it is defined in it
Every case of registration in E.K.ANA.A. reviewed ex officio per
three years.
2. The registration automatically ceases to be valid:
a. Upon the expiry of the period of validity of the registration decision.
b. From the revocation or annulment of the administrative deportation decision or
return on the basis of which the registration was made.
4
c. From the issuance of the decree of the competent Council of Misdemeanors with
which allows the foreigner to return to the country (par. 3 of article 74 of the Civil Code,
as applicable) and for the period of time specified in the will.
d. With the annulment of the court decision that imposed the deportation.
e. From the suspension of execution of the deportation or return decision from
competent court and for as long as this suspension lasts".
2. In the case under consideration, from the information in the file and the
clarifications from the Department of Foreigners/Administrative Measures Department of the Ministry
of Citizen Protection it emerged that the applicant A with the no. ... decision
of the Director of the Y Police Directorate, was registered in the E.K.ANA.A from ... to
... due to his judicial expulsion, which was ordered with the no. …
decision of the Three-member Court of Appeal F. With no. ... and ... related decisions
of the Director of the Y Police Directorate, his registration with E.K.ANA.A. was renewed. and
it was decided to maintain his registration until ..., on the grounds that
the reasons for its registration still apply. With the no. ... decision
of the Three-member Misdemeanor Court F, his objections from ... were accepted
of the applicant regarding the execution of the no. ... decision of the Tripartite
Court of Appeal F, which he also heard during the part of the judicial expulsion.
Consequently, according to the aforementioned provisions, if
registration of the applicant in the E.K.A.N.A. it happened because of the judicial expulsion
of, and the judgment imposing the deportation was entered and set aside v
this part with the relevant ... decision of the Three-member Misdemeanor Court F, h
his registration in E.KA.NA. automatically ceases to be valid in accordance with the provisions
of article 3 par. 2 of KYA 4000/4/32-la/2012, as amended and in force with
the no. 4000/4/32-n/2017 similar.
Consequently, his appeal must be accepted.
5
FOR THOSE REASONS
The beginning
1) Orders the data controller to proceed with the deletion of A from
E.K.A.N.A. and
2) Calls on the data controller to inform the Authority in writing and the
appellant regarding his actions for the execution of the present
decision within 15 days of its receipt.
The Deputy President The Secretary
Georgios Batzalexis Irini Papageorgopoulou