Denmark

The case concerns the Danish authorities’ decision in 2018 to expel the applicant, with a permanent ban on his re-entry to the country, following his conviction for possession of a firearm. Relying on Article 8 (right to respect for private and family life) of the European Convention, the applicant submits that, in their decisions, the Danish courts failed to weigh in the balance that he did not have a significant criminal past, that he had never been issued with a warning that he might be expelled, and that he had strong ties to Denmark where he has lived with his family since he was four years old.

14 September 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion | Countries: Denmark - Somalia

194. Having regard to all the above considerations, the Court is not satisfied, notwithstanding their margin of appreciation, that the authorities of the respondent State, when subjecting the applicant to a three-year waiting period before he could apply for family reunification with his wife, struck a fair balance between, on the one hand, the applicant’s interest in being reunited with his wife in Denmark and, on the other, the interest of the community as a whole to control immigration with a view to protect the economic well-being of the country, to ensure the effective integration of those granted protection and to preserve social cohesion (see paragraph 165 above). 195. It follows that there has been a violation of Article 8 of the Convention.

9 July 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Family reunification | Countries: Denmark - Syrian Arab Republic

24 May 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Prevention of discrimination - Right to family life | Countries: Denmark - Ghana - Togo

8 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Palestinian - Right to family life - Statelessness | Countries: Denmark - Syrian Arab Republic

25 March 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Prevention of discrimination - Right to family life | Countries: Denmark - Ghana - Togo

14 June 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Right to family life | Countries: Denmark - Somalia

20 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Combatants / Former combatants - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Rejected asylum-seekers - Tamil | Countries: Denmark - Sri Lanka

20 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Combatants / Former combatants - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Rejected asylum-seekers - Tamil | Countries: Denmark - Sri Lanka

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20 January 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Combatants / Former combatants - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Rejected asylum-seekers - Tamil | Countries: Denmark - Sri Lanka