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DEPORTATION FROM GREECE - REASONS

Deportation is the forced removal of a foreign national from the territory in which they resided as a punitive or administrative measure. Deportation is applied to foreigners who pose a threat to public order, security, or public health.


There are two types of deportation: administrative and judicial. The difference between the two is critical and directly related to the authority that issued the deportation order, its legal consequences, and the appeals process against the decision.


Judicial deportation entails a decision by a criminal court. In the case of a foreigner being convicted of a crime, the court has the discretion to impose deportation as an additional penalty. Typically, the court decides on deportation in cases where there are reasonable indications that the foreigner will pose a risk to public order even after serving the judicial sentence.


Administrative deportation is ordered by an administrative body and, unlike judicial deportation, it is not a punishment but an administrative act and, therefore, may be ordered for reasons unrelated to criminal offenses.

DEPORTATION FROM GREECE - REASONS

The most common reasons for a deportation order are as follows:


  1. Expiration of entry visa or residence permit.

This applies to foreign nationals who have been apprehended by law enforcement. In this case, the foreign national is not only removed from the country but also prohibited from re-entering the European Union for a period of 5 to 10 years. The deportation process does not apply to those foreign nationals who voluntarily leave Greek territory with expired documents, provided they pay a fine upon leaving the country. Children under 18 are exempt from paying the fine.


  1. Fake documents, sham marriage, etc.

Mid-level offenses usually do not entail imprisonment. The foreign national pays a fine and is subject to deportation proceedings. Additionally, visits to EU countries will be prohibited for a period of at least 10 years. Moreover, the foreign national loses the lifelong right to apply for Greek citizenship.


  1. Illegal activities, involvement in criminal groups, etc.

For serious offenses in Greece, imprisonment may be imposed, and after serving the sentence, the foreign national is deported from the country with a prohibition on re-entry.


How is the foreign national protected from deportation?


In the case of judicial deportation, as a consequence of the main penalty imposed, it is appealed through the legal remedy of appeal. By filing an appeal, the execution of the deportation is suspended, provided that the appeal is admissible and well-founded.


In the case of administrative deportation, the foreign national may appeal against the decision to the administrative courts requesting the revocation of the decision and/or the suspension of its execution, presenting relevant arguments in the appeal.

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