SHEBASHOV contre la LETTONIE - 50065/99 - HEDEC (French text) [1999] ECHR 199 (22 May 1999)

SHEBASHOV contre la LETTONIE - 50065/99 - HEDEC (French text) [1999] ECHR 199 (22 May 1999)

The refusal to grant the applicant a residence permit and the expulsion order did not constitute a violation of Article 8, as there was no obligation on Latvia to allow the applicant to reside with his spouse in Latvia, and the applicant could pursue family life in Russia. The complaints under Article 1 of Protocol...

Source-derived case information.

Citation
[1999] ECHR 199
Parties
Applicant: Andrey Shebashov; Respondent: Republic of Latvia
Jurisdiction
European Union
Procedural Posture
Individual Application (requête) to the European Court of Human Rights / Decision on Admissibility
Outcome
application declared inadmissible
Legal Topics
Right to Respect for Family Life, Expulsion of Aliens, Right to Effective Remedy, Right to a Fair Trial
Human Rights Law Immigration Law Right to Respect for Family Life Expulsion of Aliens Right to Effective Remedy Right to a Fair Trial

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Andrey Shebashov

Applicant

Republic of Latvia

Respondent

Procedural Posture

Individual Application (requête) to the European Court of Human Rights / Decision on Admissibility

  1. 1 Whether the refusal to grant a residence permit to the applicant violated Article 8 (right to respect for family life) of the Convention
  2. 2 Whether the applicant's expulsion violated Article 1 of Protocol No. 7 (procedural safeguards relating to expulsion of aliens)
  3. 3 Whether the applicant was denied a fair trial under Article 6 § 1 of the Convention

Ratio Decidendi

The refusal to grant the applicant a residence permit and the expulsion order did not constitute a violation of Article 8, as there was no obligation on Latvia to allow the applicant to reside with his spouse in Latvia, and the applicant could pursue family life in Russia. The complaints under Article 1 of Protocol No. 7 and Article 6 § 1 were inadmissible ratione temporis and ratione materiae, respectively. The applicant had access to effective remedies, and there was no appearance of a violation of Article 13.

Court Disposition

application declared inadmissible

Orders

  • The application is declared inadmissible.