Summary of facts: The Applicant came to Greece with a tourist visa and renewed her residence here, during three years due to the situation in her country of origin. A year later she applied to renew her residence permit in order to migrate abroad but her application was rejected on the grounds that she had come into Greece for tourism purposes while in fact she wanted to emigrate, she had not enough means of subsistence, the time of her departure is uncertain and it depends on a third country's consent. Following this, the Applicant received for two years a residence permit. When she, belatedly, applied for its renewal, producing also a UNHCR certificate and explaining the reasons of the belated application, she was denied renewal on grounds of public interest. She appealed before the C.o.S. requesting the annulment of the negative administrative act.

Reasoning and decision:

A) Independently of whether art. 20 of L. 1975\1991 is constitutional or not (as for its compatibility with art. 43 para. 2 concerning the foreseen provision of a ministerial decree dealing with matters thereupon) the case is ruled by the provisions of L. 4310/1929 since when the act under appeal was issued no such ministerial decree was issued.

B) L. 4310/1929 stipulates free entry of aliens into the country – whenever they do not fall in one of the exclusive groups mentioned thereupon – for up to 30 days. Their stay beyond 30 days is specifically regulated: they must receive a residence permit and the Administration is free to decide on its prorogation. The legislator though foresaw the case of an alien's permanent establishment in Greece, following a long sequence of residence renewals but did not institute a right of residence for the alien. Furthermore, an alien residing, even for long, in Greece may be denied further residence if this is due to reasons of public or social interests. These reasons are examined on a case-by-case basis by the judge and they could be either general or specific. 

C) The reasoning of the act under appeal is totally vague, without specification or reference to the applicant's file on the grounds of public interest that lead to her being denied further residence in the country. The fact that she lacked any residence document for two years, and in particular not due to her own negligence, does not substantiate a reason of public interest. 

The Court quashed the administrative act under review.


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