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Greece - Council of State, 15 September 2000, 495/2000
Country of applicant: Turkey
Keywords: Detention, Non-refoulement, Procedural guarantees, Revocation of protection status, Right to remain pending a decision (Suspensive effect), Protection, Well-founded fear, Refugee Status, Real risk, Access to the labour market

Application to give suspensive effect to a decision by the Minister for Public Order 

This case concerned deportation of a recognized refugee (Articles 32 and 33 of the 1951 Convention relating to the Status of Refugees) after a conviction for a criminal offence under common law. 

Immediate deportation would expose the applicant to the risk of suffering irreparable harm in the event that his application for annulment is successful. Because of the severity of that harm, moves to deport him must be given suspensive effect until there has been a final decision on his application for annulment, even though the decision to deport him was motivated by the protection of public order.

The case also considered ending the applicant's detention andreturning the refugee residence permit, which had been withdrawn, to the applicant. 

Date of decision: 15-09-2000