Applicant name X.
Applicant type Immigrant
Country Germany
Decision no.8041/77
Institution Commission
Type Decision
Outcome Art. 8
Reason Manifestly ill-founded (public security)
Type of privacy Family privacy
Keywords Criminal expelled
Facts of the case Man and women get maried while in prison, after they have both been sentenced for drug trading. Man is expelled to U.S., but his wife is not allowed to follow applicant because she is a convicted drug criminal.
Analysis The Commission accepts that there is an inteference with applicant’s privacy life, but is makes clear that he and his wife have no children. Thus, there seems to be a hiearchy (1) family life with children, (2) family life without children and (3) private life. It stresses that such was legitimised because the applicant was convicted for trafficing heroin, which endagered the public security in Germany. Normally, the Commission takes into account whether the partner of the person expelled can follow the applicant, so that they can continue their family life in another jurisdiction, but in this case, the two lovers were warned that this might be the result when they got married by the prison authorities. Also in light of the serious crimes both are convicted of, the Commission does not find a violation of the Convention.
Documents Decision