5301/71

Applicant name X.
Applicant type Natural person (immigrant)
Country The United Kingdom
Decision no. 5301/71
Date 03/10/1972
Judges
Institution Commission (Plenary)
Type Decision
Outcome Art. 8 Inadmissible
Reason No interference
Type of privacy Family privacy
Keywords Immigrant; residence
Facts of the case Applicant marries a women from the UK and wants to reside there, but is refused.
Analysis The Commission makes an interesting distinction. When two persons from country A and country B are married and they are refused to live together in either country, there will be an interference with Article 8 ECHR (provided that at least one of them is a resident of a CoE country), but when they are able to live in either country, there will be no interference. In this case, the couple seemed to be able to live together in India, so that the Commission does not find an interference.
Documents Decision