Applicant name | X. and Y. |
Applicant type | Immigrant |
Country | Germany |
Decision no. | 7816/77 |
Date | 19/05/1977 |
Judges | – |
Institution | Commission |
Type | Decision |
Outcome Art. 8 | Inadmissible |
Reason | Manifestly ill-founded (prevention crime; potection of health) |
Type of privacy | Family privacy |
Keywords | Residence permit revoked; drug crime |
Facts of the case | US resident is convicted for drug dealing; his residence permit is revolked and he has to leave the country (and his family living there) while awaiting appeal. |
Analysis |
The Commission reiterates that no right of an alien to enter or to reside in a particular country, nor a right not to be expelled from a particular country is a such guaranteed by the Convention. However, in this case, there was an interference with applicant’s family life, which is covered by Article 8 paragraph 1. In this case, however, such was prescribed for by law and necessary in a democratic society, in light of the prevention of crime and the protection of public health. |
Documents | Decision |