Summary of facts: Police tried to enforce an expulsion order against a Sri Lankan national who, while detained, had applied for an ab initio review of his case (art. 5 P.D. 61/99). In this context, he submitted a certificate from the Greek Council for Refugees that the remaining members of his family are recognized refugees in U.K.
Recommendation: Article 5 of P.D. 61/99 stipulates an ab initio review of an asylum application if the applicant produces new crucial evidence on his person or his family that, if known to the authorities on the time of the first examination, might have been fundamental for the determination of his refugee status.
After an ab initio application is submitted and until it is rejected - by serving the negative decision to the applicant - the application is deemed to be pending and any act of expulsion or deportation from the country is prohibited pursuant to art 1 of P.D. 61/99 and art. 5 para.2 of the 4803/13/7a/18-26.6.1992 joint Ministerial Decree.
In view of the above, the Administration should refrain from any act of enforcement of the expulsion order, till the examination of the application is concluded under the conditions set in art. 3 para.3 of P.D. 61/99. Any negative decision should obviously be in written form and legally reasoned.
If the alien produces indeed the necessary evidence, the Administration should take seriously into account the fact that the applicant's relatives are recognized refugees in the U.K.
The Ombudsman requests to be informed of the final decision by the M.P.O. on the said alien's ab initio application.
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