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Mehemi v. France , App. No. 25017/94 (1997)

Facts: the applicant was born in France but lost his French nationality because his father failed to comply with the nationality formalities required of Algerians. He resided in France for thirty-three years, had all his family in France including three French children. He was thus completely integrated into French society and no link with Algeria except his nationality. Based on his convictions of drug offenses he was ordered deported.

Complaint: the applicant complained of a violation of article 8 of the European Convention

Holding: the ECHR found a violation of article 8

Reasoning: the applicant did not have any links with Algeria and was well integrated into French society. Even if the applicant had participated in conspiracy to import a large quantity of hashish counted heavily against him, a permanent exclusion order would separate him from his minor children and his wife and would be disproportionate to aims pursued.

 

 

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