Applicant name X. and Y.
Applicant type Immigrant
Country Germany
Decision no. 7816/77
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