3898/68 (2)

Applicant name X.
Applicant type Natural person (immigrant; prisoner)
Country The United Kingdom
Decision no. 3898/68
Date 22/07/1970
Institution Commission (Plenary)
Type Decision (Final)
Outcome Art. 8 Inadmissible
Reason Manifestly ill-founded (prevention disorder and crime)
Type of privacy Family Privacy
Keywords Immigrant; imprisoned; deported; margin of appreciation; even if;
Facts of the case See earlier decision
Analysis The Commission underlines the following points:

1. That there is a considerable measure of discretion to the domestic authorities in taking into account factors in the case which might appear to them to be critical for the prevention of disorder or crime.
2. That the applicant has been convicted of three offenses of indecently assaulting a girl under age after having pleaded guilty to these offenses.
3. That even if family life existed in this case (which was disputed on both biological and emotional grounds), the claim is manifestly ill-founded.
4. That on several occasions, the applicant had the visit of his girlfriend and his son in prison and that while he alleges that the authorities refused him the “last and special visit” prior to his deportation, he could not show he made any requests to that end. Consequently, no inferference was found on this point.

Documents Decision