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Dear Sir or Madame. ..

I am looking to got your legal opinion & maybe later your legal help ...

I am a recognised political refuge in Greece since 2015 ..
I came to Germany 6 years ago .. and asked again for asylum. ..
unfortunately I was deported back to Greece 6 months ago .. since then I was trying to renew my Greek residence permit ..
unfortunately I was informed by the Greek authorities that Germany had issued an alert on me as illegal immigrant on the European information centre. ..
& until this alert is removed they can't renew my residence permit. .

I  am asking you please if you could advise me how to remove this alert .. and how long you think this might take .. taking note I have a crystal clean criminal record in all the EU ..


kind regards. 
asked Sep 22, 2022 in Legal advice by Meltomm | 412 views
Hello @Meltomm, welcome to our platform and thanks for reaching out to us. I will link our dear experts @mbeon-fardeen @mbeon-Èanna here. Maybe they can have a **** at your question and help you with an answer. All the best, Saskia

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4 Answers

+1 vote

Dear @Meltomm,

I am really sorry to hear what happened to you.

Unfortunately, I never came across a similar issue before and can not give you much of an advice. I would highly recommend you to contact “Equal Rights Beyond Borders” , a refugee supporting organization operating in Greece and Germany. They offer free legal advice by lawyers and are reachable via WhatsApp as well. You find the contact details following the link. I really hope they can support and counsel you on this.

Also don’t hesitate to get back to us with any further questions - maybe will be able to help you on another topic. I will also make some more research on your question here!

All the best and take care,

Meike 

answered Sep 29, 2022 by Meike
+1 vote

Dear @Meltomm,

I’m not what you mean by the European Information Centre. Is it the Schengen Information System?

The Schengen Information System stores information on certain people which is then shared among EU member states. Here’s a list of why people would be recorded on it:

https://home-affairs.ec.europa.eu/policies/schengen-borders-and-visa/schengen-information-system/alerts-and-data-sis_en

It says that people who have been returned are only recorded in the system since Autumn 2022. If you were deported 6 months ago, then it cannot be for this reason. I presume you are recored due to the first reason ‘refusal of entry or stay’.

You can request to see the information that is kept about you. If it is not correct, you can also request for it to be deleted. Here is a detailed article about this process:

https://se-legal.de/services/lawyer-for-extradition-proceedings/deleting-alerts-in-the-schengen-information-system-sis-in-germany/?lang=en

The other issue is with the Greek immigration authorities. As you were deported, it is clear that Greece is responsible for your asylum case and refugee status. I do not see why an alert in the SIS would prevent them from issuing you with a residence permit as it concerns Germany and your stay in Greece is legal. It is possible that due to your extended absence from Greece, you have lost your refugee status there. As my colleague wrote, I encourage you to make contact with support services in Greece who will have a better understanding of the immigration law there.

Best,

Éanna

answered Sep 30, 2022 by mbeon-Éanna
well ... thank you very very much for your reply ...
and I did contact with every organisation in Greece. ..& Germany .. unfortunately none of them had any idea what's going on ... and their lawyers told me that it's above there experience. ..

the first thing .. losing my asylum status it's impossible. .. according to the Greek laws  ..

- I was in contact with the police here in Greece and they confirmed that there is an active alert on me from Germany ..
I also called Sweden .. and got the same reply ..
unfortunately according to the SIS II Law ..
I can't do anything from .. as the state who issued the alert is responsible to edit it or remove it ..
I already contacted with the Federal German police ... and they told me to contact with the Foreigners Office in the city where I used to stay ...
I also contacted with the BKA ..
unfortunately they are not replying  ...

now I will attach the letter received from the Greek asylum services  ...

 Sir,

You have sent many e-mail’s to Asylum office regarding the delay of the renewal of your residence permit.

Indeed, according to our investigation it seems that you have nothing serious with the Greek law.

The problem with you is that during your visit in foreign countries, you have requested the refugee status, although you have already received it from the Greek state.

For that you have marked as illegal immigrant at the European Information System.
---------'-''

Sweden reply :

 After conducting a search in the Schengen Information System I can tell you that it is Germany that have registered you in the database, not Sweden. Therefore, I advise you to contact competent German authorities

------------
i also contacted pro Asyl ... fluechtlingsrat ...and many other ..
but no help was given. ..

-----
and honestly the Greek authorities here were very helpful and direct. ..
I searched about the subject. .. it's very rare case .. when in Germany the wanna deport someone they should issue an alert on him inside Germany .. in this rare cases the alert got put on the Eu system. ..  and a request for the removal of this alert must be applied  ..
so I wonder if there is any organisation in Germany might be able to help me find out what's going on. .. and maybe do the necessary steps to solve this problem

again thank you very much

---
0 votes
Dear Meltomm,

I will summarize here again. Our experts can get more details from your questions, but here are the basic details. Feel free to complement me. I hope I understood you correctly and that my English is good enough. I hope you are physically and mentally ok.  

You are 26 years old and fled Syria in 2015. You have applied for asylum in Greece. You have been in Germany with your family since 2016. In 2020 you have already received your second rejection of your asylum application because you were recognized as a refugee in Greece. While your family can stay in Germany. Following this, your lawyer applied for a residence permit according to §23 (2). This application was rejected. Your lawyer did not file an appeal. You were deported back to Greece. You have an expired Greek permit from 2018. They could not help you in Greece. You slept at the airport. You have no money or valid documents. Greece has been informed that you have been registered by Germany as an illegal immigrant in the European Information Center. Therefore, Greece cannot extend your residence permit. Your ban for Germany is valid since 17/03/22 or did the deportation take place 1,5 years ago and should therefore be lifted already?

You are therefore wondering how this ban can be removed.
And want to fly back to Germany via Sweden and apply for asylum in Germany again.
answered Oct 11, 2022 by Saskia Wefugees
I was deported on 17/03/2022 ..
so the ban is active since then ...
& as an EU residence I can't understand why they did add it in the first place ...as I didn't do anything illegal here  ...
I think it's my right to travel to another EU country and ask for asylum there if I feel the need to ..now if Germany decided to reject my request that is their right ..
if they choose to ban me from entering Germany that's also another thing ...  but to flag me on anew EU level. ..
that's illegal I think in this case ..
I did contact the organisation you mentioned. ..still i didn't get any response from them ...
I also contacted with many offices in Germany .. including BFDI. .. federal police ... General police ... Bamf .. criminal police BKA office ..
& the final result was that I need to contact with my previous foreigners office ... which is Heilbronn office ..
so I did .. one week later she sent me this reply ... Sehr geehrter Herr Ali,
leider ist für uns nicht ganz ersichtlich, wie genau wir Ihnen weiterhelfen können. Sie wurden rechtmäßig nach Griechenland abgeschoben. Eine Abschiebung löst eine Sperrfrist aus, sodass es Ihnen nicht gestattet ist erneut in das Bundesgebiet einzureisen oder sich darin aufzuhalten. Eine Löschung der Ausschreibung im SIS kommt aufgrund der bestehenden Einreisesperre nicht in Betracht.


Freundliche Grüße

Frau L. Alber

Teamleitung Ausländerbehörde
so what do I want .. ?
just to renew my Greek resident permit & got the travel document. . as based on the administrative court of stuttgart decision. . on my case ...
that I should go back to Greece and do this ...when the foreigner office issue an alert on me they are dening me from this right ...
this was my last reply to the foreigner office of heilbronn ..
which I still didn't receive a reply for ...
Dear Sir or Madam ...

the deportation was done legally " could be an argument "
regardless.... the alert should be issued if it had  to be  .. to serve the reason for not allowing me to enter the German territory  for a certain amount of time ...

- the thing here is that  .. the deportation was done to another EU country for a person who entered Germany legally and who is already a recognised political  refugee in that country. ... 

issuing the alert in a EU level will prevent that person from obtaining the very basic rights granting to him by the EU law ...

not being able to renew his residence permit ..... or even obtaining a travel document allowing him to travel to another EU country besides Germany  ... " according to the Greek authorities "

which translate for not having the possibility to implement the reasons which the administrative court issued there rejection on .... as sending me back to Greece without any rights or obligations definitely wasn't the Intention for that decision. ..

another reason for not being able to make a choice on the voluntary return. ..is that I wasn't informed by your office on that option. ..
there is  the possibility that you send something to my lawyer which he never forward it to me ..
the last thing .. I was informed by him is that he is in process to ask for a residence permit according to
article  § 25 AufenthG - 2
I think all of this already accessible on your system. .

many cases of people who were deported to another EU countries according to Dublin law . but as I was informed that this is the first time that a recognised refugee faced with an alert at this level without any criminal reasons. ..

adding all of that .. with the formal  request from Greek  authorities which was sent on 29/09/2022 ..which I think should had reached you by now

and according to Indeed, art. 49 section 3 of DECISION 2007/533/JHA of the EU Council provides that:

“If a Member State has evidence that such data contains factual errors or has been unlawfully transmitted, it shall inform the reporting Member State as soon as possible, through the exchange of additional information, and within 10 days of obtaining such elements. The latter verifies the communication and, if necessary, corrects or deletes the data in question without delay”..

adding to that

In the event that it is not possible to reach an agreement between the two States on the rectification or cancellation of the report, then, based on the provisions of art. 49 section 3 of DECISION 2007/533/JHA of the Council of the EU, it has been established that:

«If, within two months, the Member States do not reach an agreement, the Member State that has not raised the alert will refer the matter to the European Data Protection Supervisor, who, together with the national supervisory authorities concerned, will the role of mediator.»..

-----

i am again asking you please to re- review this decision ... that resulted on having an EU alert under my name ... asking you please if not removing it .. to modify it to be German level only ... allowing me to access the basic rights granted to me by the EU law as a recognised refugee & resident of an EU century ...

& according to the section 11 of the Residence Act (Aufenthaltsgesetz – AufenthG
I am asking officially for the entry ban to be shortened taking note the reasons related to this case ... & as already 8 months almost based from the ban time I am asking your office to consider accepting my request on the ground the clean criminal record I have in all over the Eu countries. .. together with the psychological effects this ban had effected me .

I am asking you please ..:
allow me full access to the ban " alert " details issued by your office ...
as to provide me with informations about it including the conditions & time frames ..

- consider my request to remove the alert based on the above reasons. .

- in case of rejecting the removal I am asking you please to consider my request to Reducing the ban period & Considering the time that has passed as a sufficient time ..

& as the involuntary deportation happen because I had a really unprofessional legal representation  .. which already been mentioned 

I am basing my request with accordance to :
 
§ 11 Residence Act (AufenthG)
 Section 11..abs 4 & 6

 
 " The ban on entry and residence may be revoked or shortened in order to uphold the legitimate interests of the foreigner, or if it is no longer required for the purpose for which it was imposed. As a general rule, the ban on entry and residence is to be revoked if the conditions for issuing a residence title pursuant to Chapter 2 Part 5 are met. When deciding whether the time limit of a residence and entry ban is to be shortened or whether the ban issued together with an expulsion order is to be revoked altogether, it is to be taken into account whether the foreigner met the obligation to leave the country within the period set for departure, unless the foreigner was prevented through no fault of his or her own from leaving or the period allowed for departure has been exceeded by an insignificant amount of time. The time limit of the entry and residence ban may be extended on the grounds of public safety and order. Subsection (3) applies accordingly."

- in case of rejecting all of my requests I am
asking you to consider the Greek authorities request separated from my request  in case you are the responsible office to reply for them ... as they have the possibility to take their request to European Data Protection Supervisor

as in case of my personal request I have the right to take my case to the administrative court of Stuttgart this why I am asking you please to reply to my request with an Appealable decision .

kind regards  .
0 votes

Dear Meltomm, 

I will summarize here again. Our experts can get more details from your questions, but here are the basic details. Feel free to complement me. I hope I understood you correctly and that my English is good enough. I hope you are physically and mentally ok.  

You are 26 years old and fled Syria in 2015. You have applied for asylum in Greece. You have been in Germany with your family since 2016. In 2020 you have already received your second rejection of your asylum application because you were recognized as a refugee in Greece. While your family can stay in Germany. Following this, your lawyer applied for a residence permit according to §23 (2). This application was rejected. Your lawyer did not file an appeal. You were deported back to Greece. You have an expired Greek permit from 2018. They could not help you in Greece. You slept at the airport. You have no money or valid documents. Greece has been informed that you have been registered by Germany as an illegal immigrant in the European Information Center. Therefore, Greece cannot extend your residence permit. Your ban for Germany is valid since 17/03/22 or did the deportation take place 1,5 years ago and should therefore be lifted already? 

You are therefore wondering how this ban can be removed.
And want to fly back to Germany via Sweden and apply for asylum in Germany again.

answered Oct 11, 2022 by Saskia Wefugees
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