Musa v Bulgaria - 61259/00 French Text [2007] ECHR 5565 (09 July 2007)

Musa v Bulgaria - 61259/00 French Text [2007] ECHR 5565 (09 July 2007)

The Court found that the withdrawal of the applicant's residence permit and expulsion were not 'in accordance with the law' due to the absence of sufficient procedural safeguards and judicial review under Bulgarian law at the time, constituting a violation of Article 8. The lack of an effective remedy to challenge...

Source-derived case information.

Citation
[2007] ECHR 5565
Parties
Applicant: Ahmad Naim Moh Musa; Applicant: Dessislava Verchova Musa; Applicant: Hadjar Ahmad Naim Musa; Applicant: Nadya Ahmad Musa; Applicant: Abdelgafur Ahmad Naim Musa; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Violation of Article 8 and Article 13 found; Article 5 § 4 complaint inadmissible.
Legal Topics
Right to Respect for Private and Family Life, Right to an Effective Remedy, Expulsion of Aliens, Judicial Review of Administrative Acts, Procedural Safeguards
Human Rights Law Immigration Law Administrative Law Right to Respect for Private and Family Life Right to an Effective Remedy Expulsion of Aliens Judicial Review of Administrative Acts Procedural Safeguards

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Parties

Ahmad Naim Moh Musa

Applicant

Dessislava Verchova Musa

Applicant

Hadjar Ahmad Naim Musa

Applicant

Nadya Ahmad Musa

Applicant

Abdelgafur Ahmad Naim Musa

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether the withdrawal of the applicant's residence permit and expulsion violated Article 8 (right to respect for private and family life) of the Convention
  2. 2 Whether there was an effective remedy as required by Article 13 of the Convention
  3. 3 Whether the applicant's detention was in violation of Article 5 § 4 of the Convention

Ratio Decidendi

The Court found that the withdrawal of the applicant's residence permit and expulsion were not 'in accordance with the law' due to the absence of sufficient procedural safeguards and judicial review under Bulgarian law at the time, constituting a violation of Article 8. The lack of an effective remedy to challenge the expulsion also violated Article 13. The complaint under Article 5 § 4 was inadmissible as it was lodged out of time.

Court Disposition

Violation of Article 8 and Article 13 found; Article 5 § 4 complaint inadmissible.

Orders

  • The Court declared the application admissible as to Articles 8 and 13 and inadmissible as to the remainder.
  • The Court found, unanimously, a violation of Article 8 of the Convention.