Information Note on the Court’s case-law 33

August 2001

Boultif v. Switzerland - 54273/00

Judgment 2.8.2001 [Section II]

Article 8

Article 8-1

Respect for family life

Refusal to renew residence permit following criminal conviction, resulting in separation from wife: violation

Abdelouahab Boultif, an Algerian national, entered Switzerland with a tourist visa in December 1992. On 19 March 1993 he married M.B., a Swiss national. On 11 May 1998 he started a two-year prison sentence for robbery and other offences and on 19 May, the Swiss authorities refused to renew his residence permit. On 3 December 1999 the Federal Aliens’ Office ordered Mr Boultif to leave Swi tzerland by 15 January 2000. At an unspecified date in 2000 he left the country and is currently living in Italy. He complains that the order resulted in him being separated from his wife, who did not speak Algerian and could not be expected to follow him to Algeria.

The European Court of Human Rights considered that the applicant had been subjected to a serious impediment to establish family life, since it was practically impossible for him to live with his family outside Switzerland. In addition, when th e Swiss authorities had decided to refuse to renew his residence permit, he only presented a comparatively limited danger to public order. The interference was, therefore, not proportionate to the aim pursued. The Court held, unanimously, that there had be en a violation of Article 8 and awarded the applicant 5,346.70 Swiss francs for costs and expenses.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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