| 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 |