Applicant name | X. |
Applicant type | Natural person (immigrant) |
Country | Germany |
Decision no. | 6357/73 |
Date | 08/10/1974 |
Judges | –
|
Institution | Commission |
Type | Decision |
Outcome Art. 8 | Inadmissible |
Reason | Exaustion Domestic Remedies |
Type of privacy | Family privacy |
Keywords | Expulsion non-criminal immigrant; prevention public safety and crime is not applicable; even if. |
Facts of the case | Syrian man has lived peacefully in Germany for 10 years and his a wife and kids there, but is now threatened with expulsion. |
Analysis | Interesting case for a number of reasons.
1. First and foremost, the Commission and the Court almost never find a violation of Article 8 ECHR on the basis that no legitimate interest was served. Rather, if they find that the government provides a weak legitimation for a certain policy or action, it will take that into account when deciding on whether that should be deemed necessary in a democratic society. In this matter, however, the commission makes abundantly clear that a non-criminal immigrant cannot be extradited on the grounds of protecting public safety or preventing crime. |
Documents | Decision |