The issuance or renewal of passports can be done even by presenting the old-style police identity cards, regardless of whether the attached photograph shows significant differences from the current image of its holder. In fact, the passport directorate of the PAS headquarters cannot refuse to issue passports on this ground, according to the Council of State.

Citizen in 2015 had renewed his passport according to the details of his identity card issued in May 1972, 54 years ago. Last year, he again applied for renewal of his passport.

However, this time the Passport Directorate of the Police Headquarters rejected the passport renewal request because the identity card “needs to be replaced since the period of 15 years from the date of its issuance has elapsed, making it impossible to identify the person depicted on it with the person depicted in the pasted photograph in the submitted passport application”.

An appeal was filed against the rejection decision, which was rejected by the competent directorate of the ELAS on the same grounds, while it was pointed out to the citizen that “if he wishes to be provided with a Greek passport, he should resubmit the request by replacing his identity card with a new one”.

Following this, he appealed to the Court of Cassation, asking for the suspension of the ELAS decision, noting that the police’s rejection decision has inadequate reasoning and will cause him irreparable harm, as he wants to go to his daughter, who lives abroad, to see her and to see her for the first time, born in October last year.

Furthermore, he has to accompany his wife, who is a university professo,r in two foreign countries under a scientific leave granted to her and is facing health problems due to a knee injury.

The CoE’s Suspension Committee, chaired by vice-president Elias Mazos and led by President Chaido Evangeliou, points out that as of 202,1 the court has ruled: “That in a case in which the validity period of the identity card has expired (15 years) and until it is replaced, it is considered valid. Before issuing the passport, the competent authorities are only required to check whether the documents required by law have been submitted, including the identity card of the applicant for the passport, which they must accept if there is no reasonable doubt as to its authenticity, and not to carry out an identity check on the applicant.”

The State Counselors granted the application for suspension, having taken into account that: 1) the EL.AS. does not invoke the existence of reasons of public interest that require the non-renewal of the passport to the applicant to whom, moreover, a passport has been granted in 2015 and even with the submission of a copy of the same identity card as supporting documents; and 2) the refusal of the EL.AΣ. to renew the passport is likely to cause him damage to his family life that is difficult to repair, consisting in the inability to assist his wife in her business trips abroad”.

Finally, the State Council notes that the Passport Directorate of the EL.AΣ. “is obliged to take into account the photocopy of the applicant’s identity card number … submitted as a legally required document, for the purpose of examining his passport renewal request.”