Applicant name X.
Applicant type Natural person (immigrant)
Country the United Kingdom
Decision no. 5532/72
Date 14/12/1972
Institution Commission (Plenary)
Type Decision
Outcome Art. 8 Inadmissible
Reason Ratione materiae
Type of privacy Family privacy
Keywords Even if; No de facto family ties
Facts of the case Immigrant desires family reunion
Analysis The case is interesting for two points:

1. The Commission uses a very elaborate “even if” reasoning, stressing that the applicant has not explained clearly how he considers that there might have been a violation of the Convention and that he may not have exhausted all domestic remedies. The Commission, however, assumed in the applicant’s favour, that the facts of the case are as he wished the Adjudicator to accept them, that he has sent money from England to India in support of his mother, his brother and his sister and that he has exhausted the domestic remedies.
2. But all the same, the Commission stresses, even though the applicant’s mother, brother and sister may thus have been dependent upon him it is clear that he and they have lived apart in different countries for 19 out of the past 20 years and that consequently, there existed no family life within the meaning of Article 8 ECHR.

Documents Decision