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Moustaquim v. Belgium, (12313/86) [1991] ECHR 3, 8 February 1991

Facts: the applicant was a Moroccan national who migrated to Belgium at the age of one and then lived in Belgium continuously with his parents, until his deportation at the age of twenty because of his conviction of a large number of offenses. After his deportation, the applicant was an undocumented itinerant migrant. While in Stockholm, he was diagnosed by a Stockholm, he was diagnosed of depression caused by the disruption of his family ties. He successfully applied for a stay of the Belgian deportation to return "home".

Complaint: on his return to Belgium, under the stay of deportation, the applicant challenged the deportation as a violation of his article 8 rights under the European Convention

Holding: the ECHR found a violation of article 8

Reasoning:   despite the substantial number of the applicant's convictions, there was an unjustified interference with the applicant's right to be with his parents and his siblings who were all born in Belgium.

 

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