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Family Law

The leading authority on all aspects of family law

26 APR 2007

IMMIGRATION/HUMAN RIGHTS: Konstatinov v Netherlands

(European Court of Human Rights; 26 April 2007)

The wife had twice been denied a residence permit to stay in the Netherlands with the husband, who held a permanent residence permit but did not comply with the minimum income requirement under the relevant rules in respect of family reunion. The wife was then declared an undesirable alien on account of her criminal record in the Netherlands, entailing a 5-year exclusion order. The wife, threatened with expulsion, argued that the exclusion order breached her rights under the European Convention on Human Rights, Art 8.

The Netherlands had not failed to strike a fair balance between the wife's interests and the state's own interest in controlling immigration and public expenditure and in the prevention of disorder or crime. There had been no violation of Art 8.

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