The case concerned the decision of the Greek police to deport the applicant on the grounds of national and public security and on the basis of confidential police documents.
Law 1975/1991 (A’ 184), Law 2910/2001 (A’ 91), Law 2434/1996 (A’ 188), Presidential Decree 358/1997 (A’ 240), Law 2713/1999 (A’ 89), Law 2676/1999 (A’ 1), Constitution, European Convention on Human Rights and Fundamental Freedoms incorporated through Legislative Decree 53/1974 (A’ 256), Presidential Decree 18/1989 (A’ 8).
The applicant who is referred to as stateless in some documents or of Lebanese nationality in other documents, is of Palestinian origins and applied for asylum in Greece in 1991. His request was rejected by the authorities. The applicant subsequently came under the protection of the UNHCR and was issued with a special residence card. His request to renew the latter document war rejected as the police registered him in the list of unwanted aliens. The police alleged that the applicant was active in Islamic circles and that he was a member of an unnamed organisation. He was arrested in 1998 and the police issued a deportation order against him.
The reasoning of the applicant’s deportation order was defective, as he had already tried to legalise his presence in Greece. The applicant also claimed that he was active in Islamic circles only in his imam capacity.
The Council of State considered that the applicant’s unlawful residence in Greece could not render him an unwanted alien, as the relevant legislation had been enacted in order to regulate aliens unlawfully residing at that time in Greece. The fact that he was active in Islamic circles, namely with a known religion, could not be considered as an activity that endangered public order and security. Moreover, the Council of State considered that the content of the classified documents had to be presented in a compatible form, as the opposite would lead to the complete exclusion of judicial review. The Council of State requested the relevant information from the police which refused to provide them, due to their confidential nature. The Council of State considered that, as long as it did not have evidence before it that the applicant was a member of a dangerous organisation, he could not be considered as an unwanted alien and be deported.
The Council of State annulled the registration of the applicant in the list of unlawful residents, the rejection of his request for a special residence card and his deportation order.
Tinnelly and Sons Ltd a. O. and McElduff a. O. v. the United Kingdom, App. No. 20390/92, ECHR 1998-IV, D. v. the United Kingdom, App. No. 30240/96, ECHR 1997-III, Germany – Federal Constitutional Court decision of 17 October 1999 BVerfGR 101, Greek Council of State 2374/1969.