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23 DEC 2008

IMMIGRATION/HUMAN RIGHTS: Gulijev v Lithuania (Case No 10425/03)

(European Court of Human Rights; 16 December 2008)

After being granted a number of temporary residence permits, the Azerbaijani father was expelled from Lithuania on the basis that he posed a threat to national security and public order. During the deportation proceedings the court relied on a classified report, not disclosed to the father. The father's wife and children were Lithuanian citizens. The father complained that this decision had breached his right to respect for family life under Art 8.

The issue was whether there was a genuine threat justifying the interference with the family's Art 8 rights. There was no evidence that the father's stay in Lithuania had posed a threat beforehand. No objective material had been presented to the court to demonstrate that any good reasons for the decision existed, leading the court to find that there were no documents that would allow the court to conclude that the father posed such a threat. There had been a violation of Art 8.

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