| 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 |