Deportation of Foreign Nationals in Greece: When Can It Be Ordered?

Deportation of Foreign Nationals in Greece and the Legal Requirements Provided by Greek Law

The deportation of a foreign national is one of the most significant issues in Greek immigration law and may arise either through administrative procedures or as a consequence of a criminal conviction in cases provided for by law.

When can deportation be ordered? What is the difference between administrative deportation and judicial deportation, and what rights does a foreign national have during the procedure?

This article examines the main legal requirements, procedural safeguards, and critical legal issues relating to the deportation of foreign nationals in Greece.

What Is Deportation of a Foreign National?

Deportation is a measure that results in the removal of a foreign national from Greek territory, subject to the conditions and requirements established by law.

The imposition of such a measure may have serious consequences for the individual's personal and family life. For this reason, deportation procedures are accompanied by specific procedural safeguards and legal protections.

What Is the Difference Between Administrative and Judicial Deportation?

Administrative Deportation or Return Decision

Administrative deportation procedures are generally connected with issues relating to lawful entry, residence and stay in Greece and are carried out by the competent administrative authorities.

Judicial Deportation

In certain cases involving criminal convictions, Greek law provides for measures that may affect a foreign national's right to remain in Greece.

When Can Deportation of a Foreign National Be Ordered?

The deportation of a foreign national is not an automatic or general measure. It may only be imposed in cases expressly provided for by Greek legislation and the relevant provisions of immigration law.

Deportation constitutes a measure with serious consequences, as it results in the removal of a person from Greek territory and directly affects their personal life, family relationships and professional activity.

In practice, deportation may be ordered either through administrative procedures or as a consequence of a criminal conviction, depending on the specific circumstances of each case and the nature of the violation involved.

Violation of Residence Requirements

One of the main reasons that may lead to deportation is the violation of lawful residence requirements in Greece.

This may include unlawful entry into Greek territory, remaining in the country without a valid residence permit, or the expiration of a residence permit without its renewal.

In such cases, the competent authorities assess whether removal of the foreign national is justified, taking into consideration both their immigration status and any humanitarian or family ties they may have developed in Greece.

Public Order and Security Concerns

Deportation may also be ordered where the presence of a foreign national is considered to constitute a threat to public order, national security or public health.

In such cases, the administrative authorities or competent judicial bodies assess the individual's overall conduct, as well as any previous violations or pending legal matters.

The concept of public order is interpreted broadly and may include not only serious criminal offences, but also repeated violations that demonstrate a pattern of unlawful behaviour.

Cases Related to Criminal Convictions

A particularly important category concerns cases where deportation is connected with criminal convictions.

A foreign national may face such a measure after being convicted of specific offences, particularly where those offences are considered serious or have been committed repeatedly.

In such circumstances, the court or competent authority takes into consideration the seriousness of the offence, the individual's personal circumstances, and their family and social ties before deciding whether deportation should be imposed.

What Rights Does a Foreign National Have During the Deportation Procedure?

The deportation procedure does not deprive a foreign national of their fundamental procedural and human rights.

On the contrary, Greek law and European legislation provide specific safeguards that must be respected at every stage of the procedure.

Right to Information

A foreign national has the right to be informed of the reasons leading to their deportation, as well as the legal basis of the relevant decision.

Such information must be provided in a clear and understandable manner, allowing the individual to effectively exercise their legal rights and challenge the measure where appropriate.

Right to Legal Assistance

Any person subject to deportation proceedings has the right to seek assistance from a lawyer of their choice.

The presence of legal representation is of particular importance, as deportation cases often involve complex legal and factual issues requiring specialised assessment under Greek immigration law.

Right to Submit Objections and Appeals

A foreign national may challenge a deportation decision through the administrative and judicial procedures provided by law.

This possibility constitutes an essential safeguard of the rule of law, allowing the legality and proportionality of the measure to be reviewed by the competent authorities and courts.

Right to Interpretation

Where the individual does not sufficiently understand the Greek language, they have the right to the assistance of an interpreter.

The right to interpretation ensures that the foreign national fully understands the proceedings and is able to participate effectively in the protection of their legal interests.

Read Also: Administrative Detention of Foreign Nationals in Greece – What Are Their Rights?

In many cases, deportation proceedings may be connected with the imposition of administrative detention, which is governed by specific legal provisions and accompanied by additional procedural safeguards.

If you wish to learn more about when administrative detention may be imposed, what rights foreign nationals have, and how the legality of such detention may be challenged, read our related article:

• Administrative Detention and the Protection of Foreign Nationals' Rights in Greece

When Is Deportation Not Permitted?

Although deportation is provided for under Greek and European legislation, it cannot be imposed without limitations.

There are circumstances in which the removal of a foreign national is prohibited or significantly restricted, primarily due to the protection of fundamental human rights.

The Principle of Non-Refoulement

The principle of non-refoulement prohibits the deportation or return of a person to a country where they may face persecution, torture, or inhuman and degrading treatment, particularly where the individual has submitted an application for international protection in Greece (asylum).

This principle constitutes a fundamental rule of international law and human rights law.

Family and Humanitarian Considerations

In certain cases, the family ties of a foreign national in Greece are taken into consideration, including the existence of minor children, a spouse, or long-term lawful residence in the country.

Serious humanitarian circumstances that may render deportation disproportionate are also assessed by the competent authorities.

Protection Under International Human Rights Treaties

The implementation of deportation measures must comply with the international human rights treaties ratified by Greece, including the European Convention on Human Rights.

The protection of private and family life constitutes a crucial factor in the assessment of each individual case.

Frequently Asked Questions About Deportation of Foreign Nationals in Greece

1. Can a foreign national who has lived in Greece for many years be deported?

Long-term residence in Greece is an important factor that must be taken into consideration; however, it does not automatically prevent deportation.

The final assessment depends on the overall circumstances of each individual case, including the person's personal, family and legal situation.

2. Does a criminal conviction always result in deportation?

No. A criminal conviction does not automatically lead to deportation, as the seriousness of the offence, the individual circumstances of the foreign national, and other relevant factors must be assessed.

3. Can a deportation decision be challenged?

Yes. The person concerned has the right to challenge a deportation decision through the legal remedies and procedures provided by law.

4. What happens if the foreign national has family members in Greece?

The existence of family ties in Greece constitutes an important factor that may restrict or prevent the implementation of deportation, depending on the circumstances of each case.

Important Legal Issues Related to Deportation of Foreign Nationals

Deportation is closely connected with various areas of immigration law, including administrative detention, residence permits, criminal convictions involving foreign nationals, asylum procedures, and return and re-entry procedures.

Understanding the broader framework of Greek immigration law is essential for the complete assessment of each case and the available legal options.

Legal Information and Support in Deportation Cases

Deportation cases require specialised legal assessment, as they often involve elements of administrative law, criminal law and European law.

Each case must be examined individually, taking into account the specific facts, the personal circumstances of the foreign national, and the applicable legal framework.

Obtaining timely legal advice may prove decisive for protecting the rights of the foreign national and properly evaluating the available legal options.

Christos Terzidis, Doctor of Law of the Aristotle University of Thessaloniki and Attorney at the Supreme Court of Greece, has extensive experience in Immigration Law and cases involving foreign nationals in Greece.

Having previously worked as a legal advisor for the non-governmental organisation ARSIS – Association for the Social Support of Youth on refugee and migrant-related legal matters, combined with many years of professional legal practice, he has developed substantial expertise in handling immigration cases with diverse factual and legal characteristics.

For your own legal matter, you may contact us today at +30 697 742 4779  or  reach us via  Viber / WhatsApp  using the same number.

You may send important documents and other relevant information regarding your case to the email address terzidislaw@yahoo.gr.