| Applicant name | WANGTHAN |
| Applicant type | Immigrant |
| Number of applicants | 1 |
| Country | Denmark |
| Application no. | 51301/22 |
| Date | 09/04/2024 |
| Judges | Gabriele Kucsko-Stadlmayer, President, Faris Vehabović, Branko Lubarda, Anja Seibert-Fohr, Ana Maria Guerra Martins, Anne Louise Bormann, Sebastian Răduleţu |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | No violation |
| Reason | Necessary (disorder and crime) |
| Type of privacy | Relational privacy |
| Keywords | Expulsion |
| Facts of the case | he applicant complained that the High Court’s decision of 22 February 2022 (see paragraph 9 above) to expel her from Denmark with a re-entry ban for six years, which had become final on 5 August 2022 (see paragraph 10 above), was in breach of Article 8 of the Convention |
| Analysis | Taking account all of the elements described above, the Court concludes that the interference with the applicant’s private and family life was supported by relevant and sufficient reasons. It notes that at all levels of jurisdiction there was an explicit and thorough assessment of whether the expulsion order could be considered contrary to Denmark’s international obligations. The Court points out in this connection that where independent and impartial domestic courts have carefully examined the facts, applying the relevant human rights standards consistently with the Convention and its case-law, and adequately weighed up the applicant’s personal interests against the more general public interest in the case, it is not for the Court to substitute its own assessment of the merits (including, in particular, its own assessment of the factual details of proportionality) for that of the competent national authorities. The only exception to this is where there are shown to be strong reasons for doing so. In the Court’s opinion, such strong reasons are absent in the present case. It follows that there has been no violation of Article 8 of the Convention. |
| Other Article violation? | – |
| Damage awarded | – |
| Documents | Judgment |