BOUSARRA v. FRANCE - 25672/07 French Text [2010] ECHR 1999 (23 September 2010)

BOUSARRA v. FRANCE - 25672/07 French Text [2010] ECHR 1999 (23 September 2010)

The expulsion of the applicant, who had resided in France since infancy and whose familial, social, and cultural ties were overwhelmingly in France, was disproportionate to the legitimate aim of public order and prevention of crime, given the unique nature of his conviction and absence of subsequent offenses. The...

Source-derived case information.

Citation
[2010] ECHR 1999
Parties
Applicant: Issam Bousarra; Respondent: Republic of France
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
violation of Article 8 found; Article 13 claim rejected as out of time
Legal Topics
Right to Respect for Private and Family Life, Expulsion of Aliens, Proportionality, Just Satisfaction
Human Rights Immigration Law Administrative Law Right to Respect for Private and Family Life Expulsion of Aliens Proportionality Just Satisfaction

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Parties

Issam Bousarra

Applicant

Republic of France

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the expulsion of the applicant violated Article 8 of the European Convention on Human Rights
  2. 2 Whether the applicant had access to an effective remedy under Article 13

Ratio Decidendi

The expulsion of the applicant, who had resided in France since infancy and whose familial, social, and cultural ties were overwhelmingly in France, was disproportionate to the legitimate aim of public order and prevention of crime, given the unique nature of his conviction and absence of subsequent offenses. The measure constituted a violation of Article 8.

Court Disposition

violation of Article 8 found; Article 13 claim rejected as out of time

Orders

  • France to pay applicant EUR 3,000 for non-pecuniary damage
  • France to pay applicant EUR 8,000 for costs and expenses