Greece - Council of the State (Suspension Committee) 746/1998

The Council of State approved the application for interim measures and suspended the deportation order against the applicant, who was born in Palestine and was stateless, according to certain documents on the public record (or a Libyan national based on others). The deportation order (issued due to suspicions that the applicant was a member of Hamas) was found to cause hardly repairable damage to the applicant, while the Hellenic Police had failed to concretely demonstrate why delaying the deportation would harm national security and the public order.  

Case name (in original language)
ΣτΕ (Επιτροπή Αναστολών) 746/1998
Case status
Case number
Date of decision
Court / UN Treaty Body
Council of the State
Language(s) the decision is available in
Applicant's country of birth
Applicant's country of residence
Relevant Legislative Provisions

Greek Law 1975/1991


The applicant arrived in Greece with his family in 1991, but their application for asylum was rejected. In 1994 they were granted a temporary residence permit for humanitarian reasons, until they were able to plan their return trip. In 1996 the Greek administration rejected the permit's renewal. In 1998 the applicant was arrested in Athens and the Hellenic Police ordered his deportation, on the grounds that the applicant was residing in Greece without permit, in violation of the provisions of law 1975/1991 and his presence created serious public order concerns. The order also provided for the applicant's detention until deportation was feasible.  

Decision & Reasoning

The Council of State requested the Hellenic Police to introduce evidence that the applicant was actually a member of Hamas and that the applicant's involvement in Islamic circles was linked to other activities than his capacity as imam. Due to the failure of the Hellenic Police to introduce additional evidence and since deportation would cause hardly repairable damage to the application, the Council of State ordered the suspension of the applicant's deportation.  


The deportation order was suspended until the Council of State's final judgement on the merits.

The Council of State Decision n. 3631/2002 (available only in summary) postponed the judgement on the merits until the administration submits additional evidence substantiating the claim that the applicant constituted a public safety concern. This is the only other relevant decision on this application that is publicly available.