Information Note on the Court’s case-law 31

June 2001

Amrollahi v. Denmark (dec.) - 56811/00

Decision 28.6.2001 [Section II]

Article 8

Article 8-1

Respect for family life

Expulsion from country where close family lives: admissible

The applicant, an Iranian citizen, deserted from the army and fled from Iran in 1987. In 1989, he arrived in Denmark, where he obtained a permanent residence permit. In 1992, he starte d living with a Danish citizen, whom he later married. They had a daughter in 1996 and a son in 2001. In 1996, however, the applicant was convicted of drug trafficking by the City Court, which ordered his permanent expulsion. The applicant unsuccessfully l odged an appeal against this decision arguing that, in Iran, he risked severe punishment for desertion and life imprisonment for the drug offence which had led to his conviction in Denmark. His subsequent appeal was to no avail. The Aliens Authorities foun d that he did not risk any persecution in the event of deportation to Iran. The applicant made a request for reconsideration before the City Court, which revoked the deportation order. However, the decision was quashed by the High Court on the ground that only one request for reconsideration could be made, and that in the applicant’s case there had already been one. The applicant’s application for leave to appeal to the Supreme Court was turned down.

Admissible under Article 8.

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

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