Greece – Council of the State 29/2011

The case concerns an application for restoration of his Greek nationality. The court found that the applicant was aware of the fact that he had lost Greek nationality for several years, since he had applied to acquire Turkish nationality as a stateless person. The application was thus deemed inadmissible.

Case name (in original language)
Συμβούλιο της Επικρατείας (Τμήμα Δ’) 29/2011
Case status
Decided
Case number
29/2011
Citation
Greece – Council of the State 29/2011
Date of decision
State
Court / UN Treaty Body
Council of the State
Language(s) the decision is available in
Greek
Applicant's country of residence
Greece
Relevant Legislative Provisions

Art. 19 of the 1955 Code of Greek Citizenship (leg. decree 3370/1955)

Art. 9 § 14 of law 2623/1998

Facts

The applicant, born in 1964, was deprived of his Greek nationality in 1967 as a person of non-Greek origin who departed Greece without the intention to return, in accordance with the relevant provision of the Greek nationality legislation in force at the time. He married a Greek national in 1984, and at the time he applied before the court was residing in Greece. In 2002, he applied before the Ministry of the Interior to have his Greek nationality restored. The application was rejected in 2004, a decision that he challenged before the Council of the State.

Decision & Reasoning

The court found that the application could not be considered admissible since it was submitted several decades after the issuance of the decision and 20 years after the applicant reached majority. The court further noted that the applicant had been aware of the decision (i.e. the deprivation of his nationality) since, as proven by the documents included in his file, he had acquired Turkish nationality in 1987 specifically as a stateless person.

Outcome

The Council of the State rejected the application.