Decision No. 520/1993 of the Committee of Injunctions of the Council of State

Decision No. 520/1993 of the Committee of Injunctions of the Council of State, 520/1993, Greece: Council of State, 1993, https://www.refworld.org/jurisprudence/caselaw/grccs/1993/en/28548 [accessed 16 April 2024]
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Summary of facts: The Applicant is ethnic Palestinian from the Gaza Strip. He came to Greece in 1983 as a student and remained in the country without interruption till 1992 when his expulsion from Greece was ordered for reasons of public interest. He appealed against this decision by the MPO General Secretary, applying simultaneously for temporary judicial protection. He claimed, before the Committee, to be a UNHCR mandate refugee (art. 1D of the Geneva Convention) and maintained that his return to Israel would be dangerous for him due to unrest in the Gaza Strip where his place of residence was situated. He also produced a newspaper clipping on his brother's death in Israel following his being injured by the Israeli Armed Forces.

Reasoning and decision: The Committee considered the facts and assumed that an immediate enforcement of the act whose suspension was applied for, might plausibly cause the Applicant irreparable damage, in case the Council of State decided to annul the said act. 

The Committee granted temporary suspension of the enforcement of the expulsion order.

Greek

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