Decision No. 747/1993 of the Committee of Injunctions of the Council of State

Summary of facts: The Applicant is an ethnic Palestinian from the Gaza Strip. He came to Greece in 1989 as a student and remained legally in the country till 1991 when his residence permit was not renewed. He continued living in Greece till 1993 when he was arrested and an order of deportation against him was issued by the General Secretary of the MPO. He appealed against this decision before the Council of State, 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 put at risk his personal security and freedom, due both to unrest in the Gaza Strip and to the fact that his brother was imprisoned since 1992.

Reasoning and decision:The Committee took into account the facts of the case and decided that the enforcement of the act under appeal, leading to his expulsion from the country, would cause the Applicant irreparable damage, if the said act were finally annulled. 

The Committee granted temporary suspension of the enforcement of the act under appeal.

Note: The Committee definitely suspended the enforcement of the said act by virtue of Decision 577/1995.


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