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08/07/2014
ECtHR: violation of art. 8 for disproportionate expulsion decision to Ecuador

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights (ECHR)
Reference
Council of Europe, European Court of Human Rights [ECtHR], M.P.E.V. and Others v Switzerland, 3910/13, 08 July 2014. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1447
Case history
Other information
Abstract

According to ECtHR press release:


"The case concerns the impending expulsion to Ecuador of a father whose asylum application has been rejected by the Swiss authorities and whose wife and minor daughter have been granted temporary residence in Switzerland. The European Court of Human Rights held, unanimously: that there would be a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights if Mr E.V. was expelled to Ecuador. The Court found that the Swiss authorities’ decision had failed to strike a balance between the relevant interests involved. It considered that Mr E.V.’s expulsion would be disproportionate in view of: the moderate nature of the offences he had committed; his poor state of health; and, the fact that it was in his and his daughter’s interest to remain in close contact."


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
3910/13
Date of Decision
08/07/2014
Country of Origin
Keywords
Minor / Best interests of the child
Return/Removal/Deportation