Judgment 57766/19

Applicant nameLOUKILI
Applicant type natural person (immigrant)
Number of applicants 1
Application no. 57766/19
Date  11/04/2023
Judges Pere Pastor Vilanova, President,
 Georgios A. Serghides,
 Jolien Schukking,
 Darian Pavli,
 Peeter Roosma,
 Ioannis Ktistakis,
 Andreas Zünd
Institution Court
Type Judgment
Outcome Art. 8 No violation
Reason Necessary (public safety and preventing disorder or crime)
Type of privacy Relational privacy
Keywords Expulsion
Facts of the case The case concerns the applicant’s allegation of an unjustified interference with his right to respect for his family life as a result of decisions to revoke his residence permit and to impose an entry ban on him.
Analysis The Court quickly finds that there was an interference with applicant’s family life, that there was a legal basis and that the interference served a legitimate interest. As to the question of necessity, the Court notes that the applicant has two minor children with Dutch nationality and that they live with their Dutch mother (the applicant’s ex-girlfriend) who has custody. The applicant had not substantiated the practical manner or intensity of the contact with his children. It was further emphasised that the applicant had been detained for a substantial part of his youngest son’s life. Contact by telephone and email can easily be maintained from Morocco and there would be nothing to prevent his children and their mother from visiting the applicant in Morocco or any other territory not covered by the entry ban. The Court notes that alongside the revocation of the applicant’s residence permit, a ten-year entry ban was issued. The fact that such a ban is limited in time is an element to which the Court has attached importance in its case-law. The Court therefore concludes that the respondent State has not overstepped the margin of appreciation afforded to it in the present case.
Other Article violation?
Damage awarded
Documents Judgment