Information Note on the Court’s case-law 36

November 2001

Jakupovic v. Austria (dec.) - 36757/97

Decision 15.11.2001 [Section III]

Article 8

Article 8-1

Respect for family life

Deportation from country where close family lives following several convictions: admissible

The applicant, a national of Bosnia-Herzegovina, born in 1979, arrived in Austria with his brother in 1991, joining their mother who already lived and worked there. She later remarried and had two other children from this marriage. In January 1994 the police filed a complaint against the applicant on suspicion of burglary. The proceedings were discontinued and he was ordered to compensate the victims . In May 1995 the District Administrative Authority issued a prohibition on possessing arms against him after he had attacked several persons with an electroshock device. In August 1995 the Regional Court convicted him of burglary and sentenced him to five months’ imprisonment, suspended for a probation period of three years. In September 1995 the District Administrative Authority issued a ten-year residence prohibition against him on the ground of the aforementioned events and notably his conviction. It fo und his stay on the territory to be contrary to the public interest. The applicant lodged an appeal against this decision. In February 1996, the Regional Court convicted him once more of burglary, sentencing him to 10 weeks’ imprisonment, suspended for a t hree-year probation period. In May 1996 the applicant’s appeal against the residence prohibition was finally dismissed by the Public Security Authority. The authority found that, in spite of the fact that his mother, brother and two half-sisters lived in A ustria, the residence prohibition was necessary in the public interest in view of his criminal behaviour. The applicant unsuccessfully filed a complaint with the Constitutional Court. The court, which refused to consider his complaint due to its lack of pr ospects of success, remitted the case to the Administrative Court. The applicant’s complaint was dismissed and he was finally deported to Sarajevo in April 1997.

Admissible under Article 8.

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

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