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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 50710
Experience:  24 years experience. Admitted in New South Wales and the UK.
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I am an Australian citizen currently living in Greece. In

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Hi, I am an Australian citizen currently living in Greece.
JA: Has anything been filed or reported?
Customer: In 2013 I was convicted of a crime here in Greece and now I am on parole
JA: Anything else you want the Expert to know before I connect you?
Customer: I have applied for a new Australian passport but I was denied the passport because I am on parole
Customer: replied 4 months ago.
The Australian embassy has advised me that unless the Greek authorities expressly and in writing allow me to travel to Australia, I will not be issued with a passport
Customer: replied 4 months ago.
The Greek courts have not placed a ban on me from leaving the country and have even issued me with a Greek passport after my release from prison but the Australian embassy says this is not enough
Customer: replied 4 months ago.
I have made an application to the relevant Public Prosecutor to allow me to return to Australia but it is not certain that I will be given permission
Customer: replied 4 months ago.
If I return to Australia using my Greek passport, what would happen to me at the border control desk once I arrived in Australia? Would they send me back even though I am an Australian citizen?

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

What are your parole conditions?

Customer: replied 4 months ago.
The condition that the embassy says prevents me from being issued a passport is that I present myself to the nearest Greek authorities to my place of residence between the 1st and the 5th of every month.
As I sometimes travel abroad for business, I asked the public prosecutor if this prevents me from travelling and she told me that since the parole conditions do not state that I am forbidden to leave the country then I am allowed to do so

That is correct this means you cannot travel

You need to get a letter from the Greek Courts that your reporting conditions are not required during the time you travel and you can travel.

What the prosecutor tells you is irrelevant

Issuing the passport assists you to leave the jurisdiction and the Australian Consulate will not assist in that.

only with the confirmation that you are allowed to leave the jurisdiction from the court will they issue the passport.

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Regards
Leon

Customer: replied 4 months ago.
Thanks for your answer Leon. One final question. If I return to Australia using my Greek passport, what would happen to me at the border control desk once I arrived in Australia? Would they send me back even though I am an Australian citizen?

Good Afternoon

You would arrive as a tourist. The criminal conviction is an issue

You would need to apply for a visa as it has to be disclosed and the visa approved before you arrive in australia

Arriving on a foreign passport means you are a foreigner not an australian citizen

Leon and other Australia Law Specialists are ready to help you